The reality that a majority of agricultural workers in places like Los Angeles are undocumented immigrants(Immigration enforcement and the future of California farming 2025-07-07 LAist) is not merely a consequence of labor shortages or individual shortcomings in skills or language ability. Instead, it reflects a complex interplay of immigration policy, legal frameworks, economic incentives, and historical context. While it might seem, when compared to systems like Japan’s Specified Skilled Worker (SSW) visa, that legalizing undocumented labor should not be so difficult—particularly if only low levels of technical or linguistic proficiency are required—in practice, the barriers in the U.S. are far more systemic and structural. This essay explores why legal employment remains elusive for many undocumented agricultural workers in the U.S., drawing comparisons with Japan’s SSW system.

1. Comparison of Japan’s SSW System and U.S. Agricultural Work Visa Programs

In Japan, the Specified Skilled Worker (SSW) visa in the agriculture sector allows foreign nationals to work legally if they pass (1) a skills assessment test related to agriculture, and (2) a Japanese language test at approximately JLPT N4 level. These requirements are relatively accessible. The system also provides a clear entry path for foreign workers, often following technical training programs, making it a structured and somewhat navigable route into legal employment.

In contrast, the U.S. system for legal agricultural labor relies primarily on the H-2A visa program, which has several significant limitations:

  • Employers must apply on behalf of workers and prove that no U.S. workers are available.
  • The visa is limited to temporary or seasonal agricultural work—year-round employment is not permitted.
  • Workers cannot apply individually and are completely dependent on their employer.
  • The visa process is bureaucratic, time-consuming, and subject to quotas or delays.

Thus, the barriers to legal employment in U.S. agriculture are not mainly about skill or language, but about the structure, accessibility, and rigidity of the system.

2. Systemic Barriers: Lack of Flexibility and Visibility

The H-2A program lacks flexibility for workers. They are tied to a specific employer and must leave the country if the job ends. Family accompaniment and job mobility are generally not allowed. By contrast, Japan’s SSW visa provides more independence to the worker, including the ability to change employers within the same field and a degree of legal autonomy.

Moreover, in the U.S., many undocumented immigrants rely on informal networks and word-of-mouth to find jobs. They often have little access to reliable, understandable information about legal pathways like H-2A. Even if the program is available, its complexity and limited scope make it impractical for many.

3. Economic Incentives and Employer Behavior

U.S. employers have strong economic incentives to hire undocumented workers. The agricultural industry depends on low-wage, labor-intensive work under harsh conditions. Legal workers, especially under the H-2A program, must be paid government-mandated wages (the Adverse Effect Wage Rate), which are often higher than state minimum wages.

This means employers face higher costs and tighter regulations if they choose to use H-2A workers. Many, therefore, opt for undocumented labor, even if it comes with legal risk, because it is cheaper and more flexible in the short term.

4. Historical Background and Contradictions in Immigration Policy

The U.S. has long relied on immigrant labor from Latin America, particularly in border states like California. For decades, there was a tacit understanding that seasonal migration from Mexico and Central America would provide cheap labor for agriculture.

However, post-9/11 national security concerns and recent anti-immigration rhetoric, particularly during the Trump administration, have led to increased crackdowns on undocumented immigrants. Yet, comprehensive reform of the legal immigration system has lagged far behind, creating a situation where demand for immigrant labor remains high, but legal pathways remain blocked or inaccessible.

5. Social Risks and Mistrust

For undocumented immigrants, coming forward to regularize their status can be highly risky. Legalization procedures often require disclosing identity, work history, and residency details—information that could be used against them in deportation proceedings.

In addition, cultural and linguistic barriers, coupled with deep mistrust of government institutions, discourage many from even attempting legal channels. Even when programs are available, the fear of exposure and lack of legal support make them unattractive or inaccessible.

Conclusion

In summary, the difficulty of legalizing agricultural work for undocumented immigrants in the U.S. lies not in the level of skill or language ability required, but in the broader institutional and policy failures that define the American immigration system. The system is inflexible, employer-driven, and offers limited, poorly publicized, and risky legal options for migrant workers. In contrast, Japan’s SSW system, despite its own flaws, provides a relatively clear and navigable pathway for legal agricultural employment through achievable tests and structured programs.

Thus, the belief that the problem could be solved if workers just passed a basic skills or language test overlooks the deeper systemic issues at play. The core problem in the U.S. is not individual capability, but a lack of political will and policy coherence to create legal pathways for the labor the economy clearly depends on.