Posted by
sgtmajorbrad on Sunday, March 04, 2007 9:35:52 AM
Those that have the picture of the American farmer dressed
in bib overalls riding a ’48 model Ford 8N while their kids run barefoot and
the bed sheets hang on clotheslines next to the farm house are a bit behind the
times. They are equipped today with more processing power than a Wall Street Broker
and have consolidated their ranks. In 1950 the US
census bureau counted 5.5 million farmers and those ranks have shrunk to 1.9
million in 1992.
In all of this the government has increased its influence
over farming by using their production as a mean of balancing foreign trade.
They supposedly use this nation’s production to offset the trade imbalance by
the American consumer’s appetite for foreign imports. Try to work your way
through the maze of farm subsidies on what a farmer can grow and can’t grow and
you’ll spend as much time as a student trying to get a degree. The frightening thing is that this nation is
losing on this front also in the name of globalization. We are importing as
much or more from foreign sources as we produce in this nation.
What the government doesn’t tell the public is the imbalance
of how other nations subsidize their farmers. Trade agreements are ignored or
blatantly disregarded and their crops are subsidized to eliminate or dominate
the market. If the government would stop ignoring these unfairly subsidized
imports and let this nation use the production of our American farmers for
feeding our nation and telling these nations to stick their imports then this
decline of the family farmer would cease and they could compete on equal terms.
With every subsidy check our farmer’s cash they make another payment on their
demise.
This has led to the trend to gamble on perishable crops that
can’t be easily exported and stored for lengthy periods of time. These crops
are less likely to be subsidized because of the cost of transportation and the
risk of spoilage and have an equal financial risk to weigh against prospect of
increased profit and freedom of government subsidies. The farmers say they are
forced into this gamble because the subsidies they are paid when combined with
the market price received don’t cover the cost of growing the crop let alone
break even so they have a net loss at the end.
Utilizing any means necessary to increase profits they rely
on immigrant labor to harvest these crops. With this interest the government
has the H-2A visa program. Here is where researching facts for this article
became interesting. The one thing I’m a stickler for is the Facts. I took this
position from Jack Web on Dragnet…Just the facts Mam.
I first tried to find out from the department of labor
website the forms, fees and any statistical data concerning the H-2A visa
program. In looking for the statistical data to see how many H-2A visas were
issued I found a DHS immigration statistics page where it listed:
2003 – 14094 H-2A visas were authorized,
2004 – 22141 H-2A visas were authorized,
2005 - 7011 H-2A visas were authorized.
The figures for 2005 didn’t make sense so I tried to
investigate further. When I tried my queries I got many references to the newly
released figures by the DOL concerning the PERM
program that went into effect March of 2005 and a reference to the document
ETA-750, application for temporary non-immigrant workers, was no longer valid
and replaced by ETA-9089. But when I went to the document ETA-9089 it states
this is an application for permanent employment certification…so much for that
immigration lawyer’s web page.
I went to research PERM
and here is what the DOLETA web site says:
The Permanent Online
System has been developed by the Department of Labor (DOL), Employment and
Training Administration, Office of Workforce Security, and Division of Foreign
Labor Certification to allow U.S. employers who intend to hire foreign workers
to work permanently in the United States the ability to file and submit
applications for Permanent Employment Certification - Form ETA 9089 with DOL
via the Web.
So I made the assumption that ETA-750 is still a viable way
to get H-2A visas for temporary non-immigrant workers. So what are the
requirements for a H-2A visa? Here is a brief description condensed as best as
I can:
Must advertise for US workers and prove that you did to
justify the need,
Must continue to accept US workers until 50% of the contract
is complete,
Must pay the prevailing wage or minimum wage whichever is
the greater of the two,
Must provide the alien with a copy of the contract that
includes:
- Beginning
and end dates
- Conditions
of employments…housing, meals, transportaion and etc.
- Hours per
day and day per week
- Crop to
be worked on
- Rate of
pay for each job performed
- Tools
- Workman’s
comp or equivalent insurance as a substitute if WC is not available
Must guarantee to workers that they’ll receive at least 75%
of the worth of the contract,
Transportation cost reimbursement,
Must keep employment
records.
This is for every alien that you recruit and submitted on a separate
form. All of this should be done 60 days before the work is anticipated but not
more than 120 days.
Prior to all of this happening your must submit ETA-790 and
get approved that certifies you as complying with all of the above.
Now while I laud the attempt to make sure that the citizens
of this nation are protected I’m still amazed at the bureaucracy of the
government. Planning 2 months ahead of a crop harvest there are a whole lot of
things that can happen especially when it comes to the human side of it. Just
keeping records of who shows up and who abandons their job could be a fulltime
operation on some of these large farms.
Now you would think with all of the detailed criteria
demanded on these forms there would be some empirical data on how many aliens
are imported to work in agriculture but I can find no published statistical
data from the government except what was stated above. How then can they scream
for a temporary guest worker program when they have no statistical data to
justify its existence? Furthermore how can we justify a blanket escalating
quota when the data is non-existent?
I mentioned above that there was reference to the government
releasing the statistics of the PERM
program. If they released it then it was strictly to the immigration attorneys
because they are the only ones referencing the existence of that report. What is
even more peculiar is all of the links they had to that report are now removed
and hidden behind a firewall only for the view of immigration attorneys and their
membership.
Where are the request statistics for:
Hotel maids,
Construction workers,
Landscape employees,
Restaurant employees,
Laborers and etc…
Face it folks this is truly an agenda by the special
interests groups and their attorneys. Even the government’s web sites are
broken to the instructions and the requirements where you have to go the immigration
attorney web sites to get the answers to their questions. Some of the forms
imply that council is required as an agent to represent the application and
the applicants therefore building an empire for the immigration attorneys at the citizen’s expense.
This battle is on the near horizon coming to congress. You
and I need to demand answers on where are the statistics that support the
premise for a guest worker program? Remind them that only 7011 H-2A visa were
issued for 2005 so why are the farmers complaining they don’t have enough
labor? Maybe then they’ll start releasing statistical information to
defeat another politically correct welfare program for the citizens of Mexico!