Farmers and Maryland Labor Tell Committee H‑2A Program Is Essential but Constrained by Federal Rules
Summary
The Maryland Department of Labor and Maryland Farm Bureau told the Economic Matters Committee the H‑2A program is essential to agriculture, that employers typically provide housing and pay associated costs, and that many program rules and inspections are governed by federal authorities.
Representatives of the Maryland Department of Labor and the Maryland Farm Bureau told the House Economic Matters Committee that the H‑2A foreign labor program remains essential to many farms but is tightly governed by federal law and funding.
Erin Rolfe, assistant secretary for the Division of Workforce Development and Adult Learning at the Maryland Department of Labor, said the state administers the migrant and seasonal farmworker and foreign labor certification programs with federal funding. "One thing to mention is that all costs associated with these programs are paid for by federal dollars," Rolfe said, and she emphasized that the department's staff are limited to federally funded activities.
Tyler Huff, director of government affairs for the Maryland Farm Bureau, and farmer Carl Schlegel described long‑term relationships between growers and returning H‑2A workers and said the program fills labor shortages that local recruiting cannot meet. Huff said Maryland had "just over 1,400 certified H‑2A positions as of 2024," and Schlegel outlined the administrative and logistical steps his farm follows annually to secure workers and complete housing inspections.
On wages and housing, committee members asked whether housing costs are deducted from wages. Witnesses pointed to the federal adverse effect wage rate (AWR) used to set the H‑2A wage in Maryland — presented during the hearing as $18.42 an hour — and said employers bear housing costs in addition to that rate, although recent federal regulation may permit employers to recover some housing costs from workers. Schlegel described the paperwork and interagency steps required and said farms generally budget for inspections, legal fees and housing readiness as part of the seasonal cycle.
Department staff agreed to follow up on specific timing questions about the process for a worker to change employers and other federal details. The hearing did not result in any immediate legislative actions.
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