Farmers Turn to Flawed Visa Program in Search for Legal Labor. Now the Rules – and Costs – are Changing.

Wisconsin farmers are increasingly hiring workers through the H-2A visa program — even as slow-moving bureaucracy and costs cause headaches. Looming rules changes bring uncertainty.

By Paul Kiefer
Wisconsin Watch

This story was produced and originally published by Wisconsin Watch, a nonprofit, nonpartisan newsroom. It was made possible by donors like you.

By the time Monty Lilford received a call from the American consulate in Cape Town in February, he had only days to get from his home in South Africa’s Western Cape to Wisconsin’s Driftless Area. If all went according to plan, the 35-year-old mechanic would spend the next nine months as a do-it-all farmhand, joining the thousands of seasonal agricultural workers seeking better wages in Wisconsin through the H-2A visa program.

Lilford could not afford a last-minute flight halfway across the world. There’s a market for lending to H-2A workers crunched for time, he said — one dominated by “people doing scams to get your banking details.” 

Lilford turned to his father-in-law for help. “I begged him,” he said. “I needed to go.”

The temporary visa program offers Lilford a chance to build a middle-class life back home, albeit one that requires spending much of the year sharing a modest ranch house with seven fellow farmworkers near Fountain City. His visa does not offer him a pathway to legal permanent residency in the United States, and he will be barred from the program if he overstays.

Mike Bushman, Lilford’s employer and the owner of B&B Agri Sales in Buffalo County, considers the program the only legal and reliable source of labor for his farm. While he could hire workers who lack legal status, Bushman is wary of the legal risks. 

“You work your whole life to put something together and then take the risk of losing it all,” he said. 

The H-2A program comes with higher up-front costs, he explained, but he considers it essential  to keep his farm afloat amid a labor shortage.

Bushman is not alone. The number of seasonal workers hired by Wisconsin farmers through the H-2A program has increased six-fold over the past decade, according to 2024 state Department of Workforce Development data. The surge began long before President Donald Trump returned to office in January. Amid the White House’s ongoing immigration crackdown, however, some farmers now consider the program an even more critical alternative to workers without legal status.

The program is far from a flawless solution to the agricultural sector’s labor crisis. 

For farmers, the H-2A application process is often an expensive, slow-moving headache – one they must relive year after year.

Workers, meanwhile, frequently report wage theft and other mistreatment, and the U.S. Department of Labor’s Wage and Hour Division routinely uncovers violations of H-2A rules on Wisconsin farms. With inspectors stretched thin, patterns of abuse and fraud can go unpunished for years. Workers who walk away from a dishonest employer or dangerous workplace risk losing their visa.

The Trump administration has introduced a litany of adjustments to the program’s rules in recent months, including cuts to minimum wages and a yet-to-be-implemented $250 fee per visa. With some details still hazy, farmers and workers are awaiting clarity on what lies ahead. 

Application process is ‘constant battle’

Farmers argue the program is rife with inefficiencies. Program staff are often difficult, if not impossible, to reach, the application process relies almost entirely on physical mail, and farmers regularly spend thousands of dollars on attorneys to help navigate the labyrinth of paperwork. Keeping an application moving on schedule is a “constant battle,” Bushman said. 

The application requires approval from multiple federal and state agencies, often resulting in delays during handoffs from one agency to another. Those hurdles and screening interview backlogs at American consulates and embassies can leave workers stuck in their home countries past the planned start of their contract.

“Last year, the workers came almost three days late,” said Adam Lauer, co-owner of a pickling cucumber farm in Waushara County. “At three days late, you’re throwing a lot of pickles away.”

Bushman said such delays were responsible for Lilford’s last-minute rush to secure a plane ticket – a systemic flaw loan sharks exploit by charging desperate workers extortionate interest rates, he added. 

Earlier this month, the Trump administration took steps to address some delays, allowing U.S. Citizenship and Immigration Services to begin reviewing workers’ applications while the Department of Labor considers applications from employers. That could buy more time for workers to schedule screening interviews at consulates and embassies, said Tom Bortnyk, senior vice president and general counsel for Virginia-based másLabor, which provides H-2A recruitment and application services for farmers nationwide, including in Wisconsin.

Other hurdles are tougher to fix. Federal regulators can be slow to send crucial paperwork, said Ethan Olson, a labor contractor who works with Lauer. That can leave farmers without documentation required – at least in theory – to prove they comply with H-2A rules. “You’re at the government’s mercy,” he said.

The Department of Labor did not respond to a request for comment during an ongoing government shutdown. 

Remaking the workforce

Wisconsin’s H-2A workforce is smaller than those of its neighbors, in part because the seasonal visa program is largely off-limits to the year-round dairy industry, which plays an outsized role in state agriculture. Michigan farmers hired roughly 15,000 H-2A workers in 2024, compared to fewer than 3,000 in Wisconsin.

Wisconsin’s H-2A workers spent the summer picking celery near Janesville, driving farm equipment in Fond du Lac County and tending pheasants outside of Marshfield. Lilford spent an October afternoon bundling equipment in Bushman’s fabrication shop while another farmhand moved feed corn into storage.

In years past, at least some of those jobs went to workers without legal status. “We went down to Florida to recruit,” said Lauer. Between 2021 and 2022 – the most recent years for which Department of Labor survey data are available — roughly 42% of crop workers surveyed lacked work authorization.

Lauer noted practical reasons to switch to an H-2A workforce. “We were so short on people,” he said. “Multiple years, 20 to 30 people short.” By the time his farm needed workers in mid-summer, many undocumented farmworkers had already found jobs elsewhere. 

Hiring undocumented workers also comes with legal risks. If caught, employers face fines of up to $3,000 per worker. Amid a nationwide immigration enforcement crackdown, Lauer said, “I wouldn’t take that chance.”

Elsewhere in Wisconsin, some farmers turned to the program as local alternatives slipped away. 

Before 2019, Dan Hanauer largely hired in and around Shawano for seasonal jobs on his Christmas tree farm. Some local workers were out of high school; others arrived through a county jail employment program.

By law, employers must offer seasonal jobs to “qualified, eligible U.S. workers,” including past employees, before hiring H-2A workers. In the past six months, prosecutors in Mississippi and Washington state have scrutinized employers who allegedly prioritized H-2A workers over U.S. workers.

Hanauer argues he was forced to switch. His local workforce, he said, was dwindling and prone to missing shifts. 

“The job description says you miss three days and you’re gone,” he added. 

On a recent weekday morning, several H-2A workers cut boughs from the bases of fir trees to be sold as Christmas wreaths — a new product for his business made possible by a more reliable team of seasonal workers from Mexico, Hanauer said.

Most of the roughly 20 H-2A workers who spoke to Wisconsin Watch — all employed by either Bushman, Lauer or Hanauer — were from Mexico. 

Upon returning to Mexico, “I take a week off to rest, and then it’s back to work,” said Israel Cruz, a construction worker who spent much of the summer picking cucumbers on Lauer’s farm in Waushara County.

Mexican nationals made up over 90% of the H-2A workforce last year, often traveling by van to and from farms in rural communities like Shawano. This year, a handful of Hanauer’s workers flew to Appleton instead. 

South Africans make up the second-largest nationality in the H-2A workforce, as they have for much of the past two decades. They outnumbered Jamaican workers, the next-largest cohort, more than 3-to-1 last year. 

Lilford, like the other members of Bushman’s crew, is an Afrikaner – a descendant of early Dutch, French and German settlers. Data on the nationalities of visa recipients does not specify ethnicity, but labor contractors who recruit in South Africa say most H-2A workers from the country are white. 

Labor costs and pay cuts

To theoretically avoid undercutting U.S. farmworker wages, the Department of Labor sets a minimum wage for H-2A workers. This year, Wisconsin H-2A employers must pay at least $18.15 an hour, up from $14.40 in 2020. The program also requires employers to pay for housing and transportation and to reimburse travel to and from workers’ home countries, none of which is required when hiring local farmworkers.

The Department of Labor announced cuts to the program’s minimum wage in early October, responding to farmers’ complaints about rising labor costs.

In a preamble to the new rule, the agency argued that the cost of participating in the H-2A program has become “increasingly burdensome” — surpassing the cost of hiring U.S. workers if they were available. The agency also noted that a decline in the number of undocumented agricultural workers will “deprive growers of a relatively cheaper labor supply,” pushing more farmers to the H-2A program.

The new rules reverse a 2023 Biden administration decision requiring farmers to pay H-2A workers based on the specific duties they perform. Some roles, like veterinary medicine and truck driving, required higher wages than standard field work, and farmers were obligated to pay according to the highest-earning role employees performed, even if it was not their primary role.  

That standard prompted legal challenges from H-2A employers, including Bushman, who joined a federal class action lawsuit challenging the rule earlier this year. A federal judge in Louisiana vacated the rule in August after a sugar cane growers’ association brought a separate lawsuit.

Instead, the Department of Labor’s new rule divides H-2A workers into two “skill levels” based on the experience and training required for their job. It does not guarantee that workers who have spent previous seasons in roles deemed “entry-level” will be paid at the higher end of the scale.

The department will also now allow employers to deduct a portion of workers’ hourly wages to reflect housing costs, which the agency argues will even the playing field for domestic farmworkers.

Wisconsin workers classified as less-skilled could receive as little as $12 per hour next year under the new standards — a reduction of 34% from the current H-2A minimum wage.

“In the countries where they’re recruiting, people are desperate enough to take a job for less than the prevailing wage,” said Jose Oliva, campaign director with HEAL Food Alliance, a national group that organizes and advocates for food supply chain workers.

New H-2A minimum wages are higher in every state neighboring Wisconsin. In Michigan and Illinois, H-2A workers will be paid at least the state minimum wages, exceeding the federal program minimum.

Program wages have always varied from state to state, said Bortnyk of másLabor. The latest changes, however, create a “meaningful enough difference” to fuel steeper recruiting competition for Wisconsin farmers. 

For Bushman, that competition is reason enough not to cut wages. The lower minimum “won’t save us anything,” he said, because retaining experienced crew members makes more business sense than training new hires.

Room for abuse

The minimum wage changes follow the Trump administration’s decision in June to suspend enforcement of Biden-era rules intended to crack down on H-2A abuses. 

Among other protections, those rules previously guaranteed that workers could invite guests like legal aid providers and clergy into employer-provided housing. In Wisconsin, H-2A workers retain that right through the state’s migrant labor law.

Wisconsin farmers are well aware of the opportunities for exploitation. 

Lauer recalled discovering that a recruiter in Mexico had charged job seekers hundreds of dollars to apply for openings on his farm — a violation of program rules.

“It all happened in Mexico, so we never saw the money,” he added. Lauer says his business cut ties with the recruiter after consular officials in Mexico alerted him of the recruiter’s practices.

None of the workers who spoke with Wisconsin Watch shared firsthand accounts of violations or mistreatment at their current workplaces. However, the Department of Labor has fined 23 Wisconsin H-2A employers for program violations in the past decade.

Auditors cited one labor contractor, Adams County-based J&P Harvest, for more than 650 violations of H-2A program rules between 2019 and 2023. The department approved J&P Harvest’s most recent application in March of this year. The company, which lists a Florida phone number in its contact information, did not respond to a request for comment.

In some cases, the Department of Labor can temporarily ban, or “debar,” farmers and contractors from participating in the program. J&P Harvest does not appear on the agency’s current list of debarred businesses, but Jan Enterprises, a flower-growing business near Green Bay, is currently banned from participating in the program for allegedly hiring H-2A workers in place of an American applicant. A related greenhouse is also on the department’s debarment list. 

According to a 2015 review by the federal Government Accountability Office and 2023 reporting by Investigate Midwest, loose enforcement of debarments has enabled some businesses to continue hiring through the H-2A program by operating under a new name. 

Federal inspectors do not catch every violation. The Wage and Hour Division employed just over 720 investigators to enforce labor laws nationwide last year, according to the Department of Labor’s fiscal year 2025 budget. The agency audited 659 agricultural workplaces last year — less than half the number of audits conducted a decade ago. 

Inspectors have recorded H-2A violations by more than half of the 42 Wisconsin agricultural employers audited since 2015, not all of which employ H-2A workers.

“There are other places where you’ll work 10 hours and they’ll pay you for nine,” said Salvador Gonzalez Mosqueda, a veteran member of Hanauer’s crew, recalling warnings about dishonest employers from fellow seasonal workers during an earlier stint in Kentucky. 

Some citations were for technical reasons. Lauer Farms, for instance, says it was fined in 2019 for missing date information on pay stubs.

Trump’s law brings new fees 

The Trump administration’s signature “big beautiful” bill-turned law adds another potential hurdle for workers and employers: a new $250 fee for all nonimmigrant visas, including H-2A. 

If federal rulemakers decide workers must pay the fee before entering the country, employers would likely be required to reimburse them. But Oliva warned that enforcement could be weak. “$250 is not chump change” for already vulnerable workers, he added.

It remains unclear whether employers will be eligible for reimbursement from the federal government once their workers return home.

“We’ll just eat another $30,000,” said Lauer, who often hires 120 or more H-2A workers over the course of the year – Wisconsin’s largest crew. While that expense alone won’t bankrupt him, Lauer considers the rising overall costs of participation unsustainable. 

“They’ll eventually push us out of business,” he said.

Workers keep returning  

Most H-2A workers who spoke with Wisconsin Watch worked on the same farms last season. 

Gonzalez, the veteran member of Hanauer’s team, said that he has returned to Shawano for the past six years, turning down offers from other farms. At Lauer Farms, roughly 90% of last year’s crew returned for the most recent harvest season. 

Some workers say they would prefer to settle in the U.S. rather than traveling back and forth from their home countries. 

“Things in Mexico are very hard,” said Jesus Hernandez Robles, another member of Hanauer’s crew. Hanauer says he has researched sponsoring seasonal employees for green cards, but without a full-time job to offer, that option is out of reach.

But Robles considers the H-2A program preferable to entering the country without a visa. 

“You can enter and leave, spend time with your family,” he said. “If you come here illegally, you have to work for a few years to pay off a coyote.” 

South African workers may have a clearer path to legal residency through the Trump administration’s new refugee program for Afrikaners. 

None of the members of Bushman’s crew who spoke to Wisconsin Watch had applied for refugee status as of early October. Anyone who did secure refugee status, Bushman said, “won’t be working in agriculture. There are just better opportunities.”

International workers continue to show interest in H-2A jobs, Bushman added. But when the federal government entered a shutdown earlier this month, the Department of Labor furloughed staff responsible for reviewing H-2A applications. If the shutdown continues into December and January — the busiest season for applications — Wisconsin farmers could be left high and dry next spring.

South Africans make up growing share of H-2A workers

A fast-growing share of H-2A workers come from South Africa, and they have made up the second-largest cohort within the program for much of the past two decades. That shift predates the Trump administration’s recent decision to prioritize Afrikaners — an ethnic group comprising the majority of South Africa’s white population — for refugee status.

The White House opened the door for Afrikaners to enter the U.S. as refugees in February, citing a recently enacted South African law enabling the state to seize land without compensation in limited circumstances. The law was the latest step in a long-running push to redistribute land from the country’s white minority, which owns much of South Africa’s farmland, to its Black majority. In his initial executive order, President Trump decried the law as “racially discriminatory” and accused the South African government of “fueling disproportionate violence against racially disfavored landowners.”

South African President Cyril Ramaphosa, who signed the law in January, has not set a date for its implementation. Police statistics do not bear out claims that white farmers are more likely to be targets for violence than Black farmers.

The Trump administration now plans to lower the refugee admissions limit by more than 90% relative to 2024, though it cannot set a new limit without consulting with Congress – a step delayed by the ongoing federal shutdown. The administration has signaled that Afrikaners will receive preference for admissions. The first group of white South African refugees arrived in the U.S. in May. 

The H-2A program provides nonimmigrant visas, so South African H-2A workers would need to apply for refugee status through a separate process.

This article first appeared on Wisconsin Watch and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.