Temporary Agricultural Employment of H-2A

October 15, 2022

On October 12, 2022, the U.S. Department of Labor (Department) published the final rule, “Temporary Agricultural Employment of H-2A Nonimmigrants in the United States”, effective on November 14, 2022. This final rule amends the Department’s regulations governing the H-2A program to improve program protections for workers and enhance enforcement against fraud and abuse, while modernizing the H-2A application and temporary labor certification process. This final rule strengthens protections for U.S. workers and H-2A workers; enhances program integrity and enforcement capabilities of the Office of Foreign Labor Certification and the Wage and Hour Division; modernizes the prevailing wage determination process; and provides clarity to employers and other stakeholders.