The Pros and Cons of Visa Worker Programs

H-2A. J1. TN. Don’t be intimidated by this short list of visa worker programs, Dianne Bettin of Bettin Consulting said during her presentation at the Ohio Pork Congress.

Visa programs connect U.S. farms with access to “amazing people with great work ethic,” she explains. 

Bettin serves the pork industry today as a consultant helping farmers understand foreign labor options and connecting foreign workers to jobs in the U.S. pork industry. She recently retired as the human resources manager at LB Pork, Inc. 

She says each visa worker program offers farms with opportunities, but she also points out that the programs each have their own challenges, too. From embassy issues and politics to housing and language, the struggles are real. 

“In general, foreign labor is a very reliable work force – they show up to work every day, they rarely call in sick, and there are very few ‘no shows.’ In fact, I often have to remind them ‘you can’t work so many hours,’” Bettin says. 

Think About This Before You Utilize Foreign Labor

Before utilizing foreign labor on any Visa, Bettin offers these five reminders:

1. Think about how the foreign workers will fit in with your work force and consider who will help them assimilate into work and everyday life here.

2. Housing will need to be provided or assistance in locating housing before employees arrive. This is especially difficult if they want to bring their families.

3. Transportation is key. How will they get to work? How will they get groceries? 

4. Remember they will need a Social Security Number (if this is their first work visa in the U.S.) and assistance in securing a bank account.

5. Most foreign workers are used to a very different situation for medical care and struggle to understand our expensive and complicated system. Be prepared to help them understand!

If you are ready to meet these needs, here are the main foreign labor options Bettin recommends, along with pros and cons of each.

3 Foreign Labor Options

●    J1 program
The J1 program is a government program that requires employers to work through an agency. Bettin explains that it is considered a cultural exchange program – not a work visa. With an agency’s assistance, an employer would develop a training plan, review applications and conduct an online interview, accept a trainee and then wait for their approval at the Embassy.

“The agency generally will charge a placement fee and a monthly fee,” Bettin says. “The trainee is responsible for their own travel and insurance. You can have trainees/interns normally for up to a year. There are some exceptions to the timeline, but not many.”

With the J1 program, employers are responsible for teaching new employees about agriculture and raising pigs all while giving them opportunities to learn language and culture in the U.S.

“The biggest drawback to the program is the 1-year timeframe paired with the fact that generally the trainee cannot come back to the same farm until they have been gone two years,” Bettin says. “This is very disappointing when you find someone who is a good fit for your company.”

●    H2-A Visa
The H2-A program is for seasonal ag labor. Bettin says it is a very valuable visa for crop labor, seasonal trucking and maintenance, manure hauling, etc. She points out that managing H2-A paperwork is very detailed, so producers should use an agency to manage the process. There are also additional visa fees to the Department of Homeland Security as well as the placement fee and monthly fees to the agency.

“It is difficult for pork producers to utilize for pig work since raising livestock is a year-round enterprise. The process is highly monitored by the U.S. Department of Labor and audits are not uncommon. There is pending legislation to make this visa more available for livestock farmers but it has been a struggle to get the legislature to move it forward,” Bettin says. 

Although you set the time frame you would like to have workers in the application, she says when they actually arrive depends on the visa approval process in each country.

“This visa is more expensive than the J1 because you are required to pay their travel expenses, provide housing at no expense to them, and pay a designated wage,” Bettin points out. “Beginning in 2024, the DOL has separated out some of the ag categories, such as trucking, into an even higher H2-A wage rate.”

Although every visa program has challenges, she says the greatest strength of the H2-A visa is that it allows farms to bring back former workers that know their operation and that they know they can trust with their farm equipment.

• TN Visa

The TN Visa is part of NAFTA (North American Free Trade Agreement) and the applicants must be professionals with a bachelor’s degree or equivalent, Bettin says. The applicant’s title must match to an occupation on the United States Citizenship and Immigration Services’ (USCIS) Designated Profession List. 

“One of the big advantages of the TN Visa over J1 and H2-A is that it is good for up to three years,” she says. “You also don’t need an agency to utilize the TN visa but there are required steps and items to consider, so many choose to use an agency or consultant to cover all the bases.”

First, you need to find the candidates, Bettin explains. Then, it’s up to the consultant or employer to request a resume, set up an online interview and explain the TN visa requirements to make sure the candidate is eligible. 

Once a potential employee is identified, she prepares letters and information needed for the employee’s DS160 and interview at the consulate. 

“The Embassy interview is the most difficult part of the process,” Bettin says. “The applicant will meet with an Embassy employee who will decide whether or not to grant the visa. Once the applicant gets approved, they just need to wait for their passport to come back with the visa information.”

It’s important to note that the visa is to work for a specific company. Once they are there, if they wish to change companies, they must apply to USCIS for a change of company and get it changed or reapply. They cannot legally go work for anyone else until the change is approved.

“For all the visas, there are rules and fees along the way. For most, the TN visa is the easier to navigate and much less expensive than an H2-A,” Bettin adds.

Read More:

Attract and Retain Workers: What the Pork Industry Needs to Do Now