William & Mary Business Law Review
Abstract
Immigration has played a key role in helping the U.S. economy grow and provide labor to a variety of industries. One of the key pieces of this growth has been the H-2A visa program, which allows farm workers from other countries to come to the United States to help farmers plant, grow, and harvest. Yet, the H-2A program is riddled with problems that give complete power to the farm owner and strip the farm worker of any ability to stop a farm owner’s abuse. Because of this power, farm owners can take advantage of their H-2A workers, paying them lower wages and making them work extreme hours, which goes against the policy rationale of balancing the protection of American laborers with the promotion of international commerce. This Note argues that the government must do more to empower and protect H-2A visa holders to improve their work standards, so it does not continue to adversely affect similarly situated jobs. This Note also argues that the government must increase the wages of migrant farm workers, provide migrant farm workers lateral options, and, before authorizing an H-2A visa, ensure that domestic farmworkers in the area are unavailable for the position to empower and protect migrant farm workers and similarly situated domestic workers.