These issues are included in two general objectives: (1) the likelihood of a widespread agricultural labor shortage and its impact on the need for nonimmigrant guestworkers and (2) the H-2A program’s ability to meet the needs of agricultural employers while protecting domestic and foreign agricultural workers, both now and if a significant number of nonimmigrant guestworkers is needed in the future. The Department of Justice authorizes the State Department to issue nonimmigrant visas for H-2A workers only after the Department of Labor certifies that a labor shortage exists and that the wages and working conditions of U.S. workers similarly employed will not be adversely affected by the use of guestworkers. No Widespread Agricultural Labor Shortage Is Anticipated

A sudden widespread farm labor shortage requiring the importation of large numbers of foreign workers is unlikely to occur in the near future. There appears to be no national agricultural labor shortage now, although localized labor shortages may exist for individual crops and in specific geographical areas. In addition, while a significant percentage of the U.S. farm labor workforce is not legally authorized to work in the United States, INS does not expect its enforcement activities to significantly reduce the aggregate supply of farmworkers. Both growers and labor advocates described current difficulties in obtaining workers and concerns about future difficulties in certain areas. INS Enforcement Efforts Are Not Likely to Significantly Reduce the Availability of Agricultural Labor

Although many farmworkers are not authorized to work in this country, INS officials do not expect their enforcement efforts to significantly reduce the availability of agricultural labor, either nationally or regionally. Worksite enforcement consumed less than 4 percent of INS enforcement activities in fiscal year 1996. INS officers face a judicial requirement that can also complicate enforcement efforts at agricultural workplaces. H-2A Program Can Be Improved to Better Meet the Needs of Agricultural Employers and Workers

Labor currently certifies most of the workers that agricultural employers request through the H-2A program on both a regular and an emergency basis. In addition, the multiple agencies and levels of government involved in the H-2A program may result in redundant oversight and cause confusion for program participants. Specifically, ETA issued certifications for 99 percent of the 3,689 applications filed nationwide in fiscal year 1996 and the first 9 months of fiscal year 1997. Positive recruitment efforts after the certification have no bearing on the number of H-2A openings approved.
Why GAO Did This Study

Pursuant to a legislative requirement, GAO reviewed various aspects of the H-2A nonimmigrant guestworker program, focusing on the: (1) likelihood of a widespread agricultural labor shortage and its impact on the need for nonimmigrant guestworkers; and (2) H-2A program's ability to meet the needs of agricultural workers, both at present and if a significant number of nonimmigrant guestworkers is needed in the future.

What GAO Found

GAO noted that: (1) a sudden widespread farm labor shortage requiring the importation of large numbers of foreign workers is unlikely to occur in the near future; (2) there appears to be no national agricultural labor shortage, but localized labor shortages may exist for specific crops or geographical areas; (3) although many farmworkers--an estimated 600,000--are not legally authorized to work in the United States, the Immigration and Naturalization Service (INS) does not expect its enforcement activities to significantly reduce the aggregate supply of farmworkers; (4) INS expects limited impact from its enforcement activities because of the prevalence of fraudulently documented farmworkers and INS' competing enforcement priorities; (5) in fiscal year (FY) 1996, less than 5 percent of the 4,600 INS worksite enforcement efforts were directed at agricultural workplaces; (6) INS conducts enforcement efforts largely in response to complaints, and it receives few complaints about agricultural employers; (7) INS officials in both field and headquarters positions stated unanimously that operational impediments prevented the agency from significantly reducing the number of unauthorized farmworkers; (8) the prevalence of unauthorized and fraudulently documented farmworkers does, however, leave individual growers vulnerable to sudden labor shortages if INS does target its enforcement efforts on their establishments; (9) although few agricultural employers seek workers through the H-2A program, those that do are generally successful in obtaining foreign agricultural workers on both a regular and an emergency basis; (10) during FY 1996 and the first 9 months of FY 1997, the Department of Labor approved 99 percent of all H-2A applications; (11) however, both employers and Labor officials have difficulty meeting time frames specified by law and regulation; (12) because Labor does not collect key program management information, it is unable to determine the extent and cause of missed time frames; (13) the multiple agencies and levels of government implementing the program may result in redundant oversight and confusion for both employers and workers; and (14) while INS enforcement efforts are unlikely to create a significant increase in demand for H-2A workers, changes in H-2A program operations could improve the ability of growers to obtain workers when needed--whether or not a nationwide labor shortage exists--and better protect the wages and working conditions of both domestic and foreign workers.