<b>By TIM THORNBERRY<br>
Kentucky Correspondent</b> </p><p>

LEXINGTON, Ky. — As labor – or rather, the lack of labor – becomes a major issue, help is available that is drawing more attention from Kentucky farmers as they tackle the concern of keeping their farms in operation.<br>

The Commodity Growers Cooperative (CGC), through Agriculture Workforce Management, LLC (AWM), is providing assistance to farm operators and businesses to help complete the administrative paperwork necessary to secure guest workers through the H2A and H2B programs for 2008. AWM, a licensed farm-labor contractor, was formed by the co-op specifically to assist growers with the H-2A program.<br>

Since 1993, CGC has assisted farmers in their diversification efforts and helped them find markets for other products as well.<br>

The two programs (H2A for ag-related businesses and H2B for non-ag-related operations or off-farm workers) enable employers who anticipate a shortage of United States laborers to apply for nonimmigrant alien workers for seasonal or temporary work for a maximum of 10 months.<br>

The programs are designed to assure employers a legal and adequate labor force while also protecting the jobs and wages of U.S. workers. Under rules from the U.S. Department of Labor (DOL) “any employer who has been certified for a specific number of H2A jobs must have initially attempted to find U.S. workers to fill these slots.”<br>

Rick Alexander, CGC executive director, said he expects to see a marked increase in the number of farmers taking advantage of the program than those who participated in 2007.<br>

“Last year, we helped 137 farmers place 1,000 workers and we expect that to double this year,” he said. “Many farmers have not used the program before because of the cost and the red tape you have to go through. We help eliminate some of that red tape.
“When you do a lot of these, it gets easier. For farmers who do it themselves, it can be a nightmare.”<br>

Alexander added, “We’ll do anything we can to help farmers with this program. I think we are taking the frustration out of the process. <br>

If a farmer just gives us 30 minutes to answer some questions, we’ll do everything from an administrative standpoint, for them.
“The program is also good for the workers. A large percentage of them come back through this program even though they may have worked here illegally before. They don’t have to look over their shoulders with this program. Most of the workers that come here don’t want to stay. They just want to work and go home.”<br>

For burley tobacco growers, discounts for the program are made available with the use of grant funds from the Burley Tobacco Growers Cooperative Assoc. AWM will provide discounted H2A rates for current burley tobacco growers in Kentucky, Indiana, Missouri, Ohio and West Virginia. Burley growers will only be required to pay required advertising fees and the basic contract fees associated with securing an H2A employee.<br>

Alexander emphasized this is not a money-making venture for the cooperative but, rather, a way to help farmers even in the event those farmers are using other agents to gather their workforce.
CGC continues to offer its services to any producer that is not a burley grower, but at its standard rate. Alexander also said that timing is crucial in order to use the program.<br>

“It is imperative that employers start the paperwork process for H2A workers at least 75 days and H2B workers at least 150 days before they will need help,” he said. <br>

“The more time employers give us to complete and file the paperwork, the better their chances for getting the guest workers when they are needed in the operation.”<br>

Farm employers participating in the program must comply with all federal rules and regulations, including providing transportation from their workers’ home country and back once their work is finished, adequate housing, a certain amount of hours per week and a guaranteed wage.<br>

While the program helps provide a much-needed labor force, there are some concerns, including that guaranteed wage, known as the Adverse Effect Wage Rate (AEWR.) The DOL defines the AEWR as “the minimum wage rates which the DOL has determined must be offered and paid to U.S. and foreign workers by employers of nonimmigrant foreign agricultural workers (H2-A visa holders).
Such employers must pay the higher of the AEWR, the applicable prevailing wage or the statutory minimum wage as specified in the regulations 20 CFR 655.107.”<br>

Alexander said the wage changes yearly and has been increasing with another hike expected this year.<br>

“We’re afraid if this wage keeps going up, farmers will go back to using illegal workers,” he said. The rate for Kentucky in 2007 was $8.65; this year, it is expected to jump to $9.13.<br>

For more information about the H2A and H2B guest worker programs and the assistance provided through the AWM, contact the CGC at 859-233-7845.<br>