20 NEBRASKA CATTLEMAN April/May 2024 NAVIGATING TN AND H-2A VISA PROGRAMS RECOMMENDATIONS FOR BEEF PRODUCERS CALLIE CURLEY | CONTRIBUTING WRITER Labor challenges affect an increasingly large number of beef operations in the United States today. Faced with finding local labor or being forced to sell the business or significantly reduce operations, many producers find value in recruiting foreign workers. A recent roundtable series hosted by University of Nebraska-Lincoln (UNL) provided professional insight on exploring visa options for hiring feedlot employees. Immigration attorney Julia Cryne of Omaha-based law firm Carlson & Blakeman, LLP, was joined by Ritter Feedyard’s Nick Strehle of Cuming County. Strehle works in operations and human resources (HR) for Ritter, a custom cattle feeding operation with multiple locations across the county. Together, they provided a multi-dimensional summary of the key visa options available to producers, as well as shared recommendations on making the most of the programs and remaining in compliance. They also discussed the most common challenges that producers and visa employees face, and how to stay in compliance and ensure long-term successes in your visa program. Understanding the TN Visa Program The Trade National (TN) visa program is accessible only in the recruitment of Canadian and Mexican workers. “This program will not work for you if you want to hire employees from countries other than Canada or Mexico,” Cryne said. “Most TN workers have four-year degrees and are considered professional workers.” To qualify for a TN visa worker, the job opening in your operation must require a specific skill set and educational background. TN visas are typically valid for at least one year and renewable for up to three years per visa, with indefinite renewals. “A challenge we’ve learned from in this process has been mismatches in the worker’s expectations or experience compared to what we needed,” Strehle said. “While all TN visa workers have a four-year degree, their levels of experience and knowledge vary greatly from person to person. Some require more on-the-job training than others to get up to speed.” Other than creating clear job descriptions that demonstrate the required skill sets, submitting TN visa requests are relatively straightforward. “Really all that’s left to do is create an offer letter. You issue an offer letter with the specifications of skill set and educational background to an individual, they go to the consular embassy in their country to get their visa,” Cryne said. “It’s a relatively simple process compared to many other options in immigration.” According to Cryne, the average turnaround for TN visas recently has been about two weeks from issuance of the letter to approval, with no follow-up requirements in the interim. Is H-2A Right for You? Another commonly used program is the H-2A temporary agricultural visa program. “This was designed to be the basic ag worker program,” Cryne said. “It has no minimum education levels and can be created for any kind of ag-related job as long as it truly is a strong connection to agricultural work.” The H-2A visa is temporary and typically relies on a “seasonal” element or temporary “peak need” designation, such as to fulfill a specific, short-term project or contract, or to cover short-term hiring challenges. H-2A visas can be issued to workers from across the globe. “There is a requirement to demonstrate that there are no available American workers willing to do the job,” Cryne explained. “And fair wages must be paid, as designated by the Department of Labor.” According to Cryne, the rules for the H-2A program are strict and must be followed to avoid consequences. “H-2A visas are typically issued for less than one year – that’s where that seasonal or temporary need comes in,” Cryne said. “But they can be renewed for up to three calendar years in total, after which time the individual must return to their country for a period of time before applying for renewal again.” PRODUCTION
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