The U.S. Department of Labor announced the details of the update for the H-2A application and temporary labor certification process. The H-2A visa allows foreign agricultural workers to fill temporary labor needs when enough U.S. workers are not willing, qualified, able, or willing to meet demand, and when bringing them in won’t adversely affect wages or working conditions of those already in the U.S.

The updates focus on the protection of agricultural workers, among other important elements, including:

  • Contractor accountability improved with updates to bond requirements and clarification of joint-employer responsibilities for associations and employers
  • Health and safety protections for workers who are housed in public or rental facilities
  • Housing certification process clarified
  • Specific outlines to debar agents and attorneys for misconduct, regardless of the employer’s violations
  • Improve employer’s processing time by making electronic filing mandatory for most applications
  • Process to determine the prevailing wage modernized

The updates help the DOL Wage and Hour Division to focus on H-2A abuse and fraud that affect workers’ rights and hurt employers who are law-abiding. Violations of H-2A regulation and wages increased significantly over the last five years. These updates address some of the issues discovered over this time.

The Notice of Proposed Rulemaking was announced in July 2019. The DOL received comments across the spectrum of affected organizations and individuals. After consideration of these comments, the Final Rule becomes effective on November 14, 2022. For more about the H-2A program, visit the U.S. Citizenship and Immigration Services (USCIS) website.

If you have questions about the H-2A visa program or any other immigration-related issue, contact us at ILBSG. We put our extensive experience to work for our clients to ensure they get the right advice for their specific situations.

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