The Office of Agricultural and Seasonal Workforce Services, proposed in S2ESB 5438, would fund the administration of the federal immigration program with state fees and duplicate the work of the departments of Labor & Industries and Health.

The new version of the bill states: “The legislature declares it to be in the public interest to clarify the state’s role in the H-2A temporary agricultural program to provide adequate protections for foreign and domestic workers and provide education and outreach opportunities to help growers maintain the stable workforce they need.”

The bill proposes collecting fees in addition to the approximately $2,500 per worker that farmers hiring H-2A workers already pay in federal fees to help fund the new office.

To justify the proposed fee – the only one of its kind in the United States – the ESD outlines the tasks of the office, many which are already covered by other components of the H-2A program or are not related to the H-2A program.

The tasks of the office would include processing and adjudicating foreign labor applications, processing complaints, conducting field visits and checks, administering the discontinuation and reinstatement of services process, training and outreach to employers, and collecting funds.

However, the role of the ESD, outlined on its own website, is to ensure that qualified U.S. workers are afforded an opportunity to fill agricultural jobs before employers apply for H-2A workers by verifying whether a labor shortage exists. 

The Department of Labor & Industries conducted field checks and interviews in 2018. Those interviews demonstrated that farms where H-2A workers are employed are generally safer and have fewer employment-related issues than their counterparts.

There are several mechanisms already in place with which the ESD can ensure qualified U.S. workers get the first chance to apply for available agricultural work including the maintenance of its banner job listing offices and website, WorkSource, and the use of the Migrant Seasonal Farmworker Program (MSFW).

The Migrant Seasonal Farmworker Program (MSFW) is an ESD program mandated to “ensure that all services of the workforce development systems be available to all job seekers in an equitable fashion,” according to the MSFW Handbook of 2017. The handbook goes on to state there are already employees available at all WorkSource sites to provide education and outreach that suits the needs of the “unique migrant seasonal farmworker community.”

Additionally, any employer considering using the H-2A program to fill their labor needs is required by the federal program rules to advertise for qualified, legal U.S. workers before filing an application for H-2A employees.

The establishment of the Office of Agricultural and Seasonal Workforce Services appears to have little to do with the H-2A program. If the goal of S2ESB 5438 is truly a clarification of the role the ESD should play in H-2A recruitment in Washington state, the department need only to refer to its own website to find guidance.

Creating a new office within the Employment Security Department to replicate work being done by other agencies is not just wasteful. It is simply a ploy to add more regulation where none is needed – regulation that would make it more difficult to find the employees farmers need.

Moreover, the existence of dedicated outreach specialists whose primary task is recruitment of legal, qualified U.S. workers to fill the employment needs of farmers in Washington state, suggests there is no need to create a new office to provide a similar service. More enforcement does not necessarily beget better conditions for current or potential employees – foreign or domestic.

Efficiency and effective use of funds are a far more reliable means to provide positive employment experiences for foreign and domestic workers and their potential employers. By assessing an additional fee that is specific to Washington state, the ESD is taking money away from the people who need it most: the workers.