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DOL states that this rule streamlines the process for H-2A labor certifications for employers seeking to hire foreign temporary farm laborers. The rule generally accomplishes this purpose (with a few exceptions) but fails to exercise the departments full regulatory authority to improve the H-2A program for employers and workers. Please see the attached document with recommendations on how to further improve the H-2A program.
The Department of Labor (Department) proposes to amend its regulations regarding the certification of temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This notice of proposed rulemaking streamlines the process by which the Department reviews employers’ applications for temporary agricultural labor certifications to use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2A status. Amendments to the current regulations focus on modernizing the H-2A program and eliminating inefficiencies. The Department also proposes to amend the regulations for enforcement of contractual obligations for temporary foreign agricultural workers and the Wagner-Peyser Act regulations to provide consistency with revisions to H-2A program regulations governing the temporary agricultural labor certification process.
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