The U.S. Department of Labor published a final rule to update the H-2A application and temporary labor certification procedures and to improve the protection of agricultural workers.
The final rule was released in the Federal Register Oct. 12, according to a Labor Department news release.
“By improving H-2A program regulations, we are strengthening worker protections, meeting our core mission,” Secretary of Labor Marty Walsh said in the release. “Today’s new rule makes several improvements to enhance the integrity of the H-2A program and provide employers and other stakeholders greater clarity.”
When there are not enough workers who are able, willing, qualified and available, employers may use foreign agricultural workers under the H-2A program to fill temporary labor needs as long as doing so won't have a negative impact on the pay and working conditions of Americans who are similarly employed abroad, the release reported.
Stakeholders sent in tens of thousands of comments in response to the department's notice of proposed rulemaking for the H-2A program in July 2019, according to the release. Those stakeholders included farmworkers, worker advocates, employers, employer associations, agents, business advocacy groups, state agencies, federal and state elected officials, labor unions, public policy and academic organizations.
Following their comments, the department will issue the final regulation, which will go into effect Nov. 14, according to the release.
