This editorial was published Feb. 16, 2009.

The business of harvesting perishable commodities presents inherent problems. If an orchardist doesn't have enough laborers, fruit may be lost.

There's also an issue with the workers themselves. That happens every time agricultural employers put up a sign that reads "Workers wanted." They are required to check documents, but what looks legit often isn't. Experts say nearly half of those who work harvesting crops carry fake documents.

The situation begs a solution.

Rep. Bruce Chandler, R-Granger, thinks he might have one. Let the state get into the business of being a labor recruiter for seasonal industries like agriculture, construction and the hospitality field.

Under House Bill 1896, that's the proposed outcome. The legislation would allow the state to take on the recruiter role for employers who can demonstrate they are unable to fill jobs with domestic workers.

Its ultimate goal is to offer certainty in obtaining seasonal workers who pass legal muster.

There's little question the state has already benefited from temporary foreign labor. Last year, nearly 3,000 workers were brought into the state to help harvest fruit and vegetables under the federal H-2A program.

The H-2A allows immigrants to come into the United States on a temporary visa and work at a government-established minimum wage. Growers are required to provide transportation and pay for visa fees and housing.

So far, so good.

Chandler, the bill's main sponsor, sees a lot of advantages by having the state serve as a job recruiter for foreign workers.

Chandler points to spot labor shortages last year as proof that something must be done to shore up what has become a recurring problem of insufficient farm workers for crops like cherries, for which every day counts.

Chandler also sees little hope in expanding the number of domestic workers to help pick fruit. While some news reports indicate a rising wave of out-of-work laborers heading to the fields in California, it's just not happening in this state, Chandler argues.

At a hearing Wednesday in Olympia to discuss the merits of the measure, a grower in North Central Washington told lawmakers about contacting the state's employment security office for some 200 workers. The office could only produce two prospects and both failed to show up.

Of course, there's one hitch to Chandler's bill as it is now written. It requires the state Employment Security Department to petition Congress for the creation of an essential worker visa classification.

That's a big hitch.

An essential worker is defined as an immigrant who is issued a nonimmigrant visa and allowed into this country to perform seasonal labor. These workers would have to submit proper documents and fees, get a biometric identification card and complete a criminal background check.

Furthermore, the federal government, which is solely responsible for issuing visas, must also be asked to take one more step and permit the state to offer a pilot program before the essential worker visa is created. Only then can the state start down the road of becoming a job recruiter.

That's a mighty steep mountain to climb. Do we foresee the federal government granting this state a waiver so it can get into the business of issuing visas for temporary foreign workers?

The short answer is no. So is the long answer.

This bill does send yet another message to Congress that something must be done with immigration reform. Change is not an option; it's mandatory.

However, having states like ours get into the business of recruiting seasonal labor is asking for trouble.

That's probably why Chandler has indicated he may amend his measure by reducing its scope. Instead of seeking a federal waiver, he would have the state help ease the bureaucratic tangle created by the current guest worker provisions of the H-2A visas for agricultural workers and the H-2B classification for nonagricultural laborers.

This amendment may allow the bill to move out of committee. Otherwise, we see little hope for its survival in its original form.

* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Barbara Serrano, Spencer Hatton and Karen Troianello.