WASHINGTON – The U.S. Department of Labor today announced to protect agricultural workers better, and to update the H-2A application and temporary labor certification process. The final rule will be published in the Federal Register on Oct. 12, 2022.
The H-2A program allows employers to address temporary labor needs by employing foreign agricultural workers when there are not sufficient workers who are able, willing, qualified, and available, and when doing so will not adversely affect the wages and working conditions of workers similarly employed in the U.S.
After the department proposed changes to the H-2A program’s regulations in a Notice of Proposed Rulemaking in July 2019, employers, employer associations, agents, business advocacy groups, state agencies, federal and state elected officials, worker advocates, labor unions, public policy and academic organizations, farmworkers and others submitted tens of thousands of comments. After considering them, the department will publish the final rule, which becomes effective on Nov. 14, 2022.
“By improving H-2A program regulations, we are strengthening worker protections, meeting our core mission,” said Secretary of Labor Marty Walsh. “Today’s new rule makes several improvements to enhance the integrity of the H-2A program and provide employers and other stakeholders greater clarity.”
The new rule includes the following important elements:
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