Visa processing delays tremendously affect the agricultural sector

The USCIS (US Citizenship and Immigration Services), which is the entity in charge of processing -reviewing and responding- immigration applications in the country, receives thousands of applications annually and waiting times tend to vary depending on each specific process.

However, it is also important to clarify that USCIS processing times depend on the country’s administration policies and other influencing factors. Therefore, after an administration like Donald Trump’s, which substantially restricted immigration, and after a global health crisis such as the Coronavirus pandemic, the backlog of immigration cases is devastating and alarming, especially for sectors such as agriculture, which relies heavily on foreign workforce to meet local market’s demands.

In fact, over the weekend, a farm case in Oregon went viral in a matter of hours because there were 35 acres of asparagus that would become waste due to H-2A visa delays and skilled labor shortages, that is, “350,000 pounds of wasted food”.

Shay Myers, CEO (Chief Executive Officer) of Owyhee Produce, explained that there are not enough local workers to harvest asparagus and other products available on his farms even though he pays $16 an hour and, therefore, he usually submits H-2A visa applications to bring qualified workers from abroad to harvest the food on time.

H-2A Visa.

The H-2A visa is a program available for local employers, usually family farms like Owyhee Produce or large food companies, to bring foreign farmworkers to the US to fill jobs during harvest seasons.

One of the main eligibility requirements is that employers must demonstrate that there are not enough trained local personnel and, thus, it is necessary to bring personnel from abroad.

However, Myers explains that due to the backlog of immigration cases and current delays, the USCIS did not process his request on time and he still has to wait 30 to 45 days for a response to H-2A Visa applications. He openly states, “We can’t get the labor (…) This was a $12,000-an-acre investment in this crop here, how do we make that kind of investment and then wonder if a bureaucratic hiccup is going to prevent us from harvesting this crop?”

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Comprehensive immigration reform might be the solution

It has been 35 years since the US Congress supported comprehensive immigration reform, since November 1986 and, because technology and globalization have advanced rapidly during the last decades, today’s global needs are totally different than they used to be 35 years ago.

Therefore, to solve problems such as the backlog of immigration cases, especially in sectors related to the US food supply chain, it is essential that the branches of Congress, both the House of Representatives and the Senate, support bills that would lead to comprehensive immigration overhaul and prevent situations like what happened at the Owyhee Produce farms.

Do you need professional help to complete an immigration process of any kind?

We understand that starting an immigration process requires constant dedication and expert help. Our team is highly qualified to guide you through your immigration journey in the US, so please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.