New York: An employer classified under Retail Trade industry turn to H-2A program for 12 seasonal farm jobs in 2024

Dancing Rainbow Orchard, LLC, an employer classified under the Retail Trade industry based in New York, submitted 12 H-2A job orders during 2024, according to data provided by the U.S. Citizenship and Immigration Services via the H-2A Employer Data Hub.

All of these petitions submitted were approved.

Employers are classified under industries based on their reported operations and may be involved in multiple industries.

The H-2A visa program allows U.S. employers to hire foreign workers for temporary or seasonal agricultural jobs when enough domestic workers are unavailable. Employers must demonstrate a short-term need and that hiring foreign workers will not negatively affect U.S. workers’ wages or working conditions. These jobs must first be offered to U.S. workers, and both domestic and H-2A workers must receive at least the highest of the Adverse Effect Wage Rate (AEWR) or other wage benchmarks.

The average approval rate for H-2A petitions across the United States in 2024 stood at 98.8%, slightly higher than the 98.4% recorded in 2023. Statewide, employers across all industries filed 6,556 job orders during the same period, with an approval rate of 100%.

The Agriculture, Forestry, Fishing and Hunting industry led the H-2A filings in New York during 2024, with 6,421 petitions (97.9% of all submissions), and an approval rate of 100%. Meanwhile, the Manufacturing industry was the second largest contributor, filing 84 petitions (1.3% of the total), with an approval rate of 100%.

Compared to 2023, the Retail Trade sector in the state saw a 200% increase in the number of H-2A petitions filed during 2024.

The United States admits around 1 million legal immigrants annually, most of whom receive permanent residence (green cards) through family sponsorship or employment-based visas. In 2023, about 1.2 million immigrants were granted green cards, a return to pre-pandemic levels. Temporary visa programs, such as the H-1B for highly skilled workers and H-2A for seasonal agricultural workers, also play a critical role in filling workforce needs.

Public opinion on immigration varies, with 46% of Americans favoring maintaining current legal immigration levels, according to a 2024 Pew Research Center survey. Additionally, 42% believe that highly skilled workers, such as scientists, doctors, and programmers, should be prioritized for legal immigration, compared to 25% who prioritize workers filling labor shortages and 19% who emphasize family sponsorship. Despite this, family sponsorship remains the most common path to permanent residency, accounting for 63% of green cards issued in 2023.

Due to manual data entry and the use of paper forms by applicants or petitioners, occasional discrepancies in employer names, tax IDs, locations, or other details may be found in the H-2A Employer Data Hub provided by the U.S. Citizenship and Immigration Services (USCIS), which is the data used in this article. Despite these potential issues, USCIS works to ensure accuracy.