United States | The Labor Department publishes the final H-2A regulations

The U.S. Department of Labor announced final H-2A rulemaking on Friday, saying the rule was designed to address the “vulnerability and abuses experienced by workers under the H-2A program and ensure fair labor standards for all agricultural workers in the Undermining the US”

The H-2A program allows employers to hire temporary farm workers when there is a shortage of “skilled, willing and qualified” U.S. workers. The new rule includes sections:

• Add new protections for employee self-advocacy.
• Clarification of termination for cause.
• Making the recruitment of foreign workers more transparent.
• Ensure timely wage changes for H-2A workers.
• Improving transportation safety.
• Preventing labor exploitation and human trafficking.
• Ensuring the employer’s responsibility.

The final rule is expected to go into effect June 28; However, H-2A applications filed before August 28 will be processed according to federal regulations in effect as of June 27. Applications submitted on or after August 29, 2024 will be processed in accordance with the provisions of the new rule.

Extra information: The 600-page rule is expected to be published in the Federal Register on Monday, April 29. A pre-publication version is available here. BAL continues to review the rule and is available to help employers develop an H-2A strategy to ensure key roles are filled. More information is available on BAL’s H-2 Temporary Staffing Solutions page.

This warning comes from the BAL US Practice Group.

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