Vermont labor official outlines H‑2A application steps, wage rules and housing checks amid federal rule change

Cindy Robillard, assistant director of the Workforce Development Division at the Vermont Department of Labor, briefed the Agriculture, Food Resiliency, & Forestry committee on the H‑2A agricultural guest‑worker program, the state’s role in processing applications and a recent federal interim rule that altered wage calculations.

Robillard said the H‑2A program — created under the Immigration Reform and Control Act of 1986 — allows U.S. farm owners to bring foreign nationals for seasonal agricultural work. She told lawmakers Vermont received “somewhere between 5 and 600 applications” for H‑2A in 2025 and estimated about 400 workers actually arrive in the state each year, while noting those arrival counts are imperfectly tracked.

The briefing explained Vermont’s processing steps: employers file a job order in the Foreign Labor Application Gateway (FLAG) 60–75 days before the need; the Department posts the opening to Vermont Job Link to document domestic recruitment; the Agency of Agriculture conducts pre‑occupancy housing inspections under a recent MOU; and certifying officers at the U.S. Department of Labor’s Office of Foreign Labor Certification issue notices of approval before visa and consular processing.

Robillard reviewed employer contract obligations under H‑2A: employers must cover inbound and outbound transportation, provide housing that meets safety and space standards (including water testing where applicable), provide transport to worksites when needed, carry workers’ compensation and, in certain events, pay a three‑quarter guarantee that covers at least 75% of contracted hours if weather or other conditions prevent work. She said many Vermont employers use agents or consultants to prepare filings, and state staff refer new employers to detailed web guidance and outreach sessions.

On wages, Robillard described the Adverse Effect Wage Rate (AWER), a state‑level minimum designed to prevent hiring foreign workers from depressing pay and conditions for U.S. workers. She said the federal government issued an interim final rule that: (1) split the AWER into two skill levels and (2) allowed an adverse compensation adjustment to account for employer‑provided housing. Robillard noted AWER is set annually and that in her review of Vermont applications about 70% of employers are choosing to pay the former (higher) AWER or more rather than the newly reduced floor.

When asked about the housing adjustment, Robillard said Vermont’s adverse compensation figure is $1.61 per hour; counsel and legislators discussed how that deduction affects final pay calculations for particular skill levels and acknowledged some uncertainty in how the adjustment will apply in specific cases. Robillard offered to follow up with additional detail and calculations.

Robillard also described the department’s outreach and complaint work: Vermont has one full‑time outreach position and a state monitor advocate who conducts field visits to explain resources, make referrals (health clinics, food banks, ESL) and inform workers about the employment‑service complaint system. She said migrant‑seasonal farm worker complaints are prioritized for rapid referral to enforcement authorities and reported that complaint volumes in Vermont have been low; in 2025 there were no complaints recorded specifically for this program in her slides.

Enforcement referrals include Vermont VOSHA (for farms with more than 10 migrant seasonal workers), the Vermont Wage and Hour division, the Vermont attorney general’s civil rights division and the U.S. Department of Labor Wage and Hour office (which covers Vermont regionally from New Hampshire). Robillard emphasized the department’s responsibility is to refer and to help shepherd complaints to the appropriate enforcement body.

Robillard and General Counsel Robert Deffer explained that an interim final rule typically takes immediate effect while the federal process continues; states can submit comments during the federal notice‑and‑comment period. She said Vermont did not submit comments before the rule was issued and offered to provide additional analysis for legislators about likely effects on employers and workers.

No formal actions or votes were taken at the briefing. Robillard said the department is reasonably staffed for current processing (an outreach worker and state monitor advocate) and that staff will provide additional statistics and follow‑up on AWER and housing calculations on request.