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Original Date Announced
July 26, 2019DOL proposes changes to the regulations governing the temporary labor certification process for H-2A agricultural workers. The NPRM would, among other things, require electronic filing, change the methodology for determining the adverse effect wage rate (AEWR), expand the definition of agriculture (thus bringing more occupations under the rule), make alterations to the requirements related to recruitment of U.S. workers, and allow for staggered entry of H-2A workers. [ID #1167]
NPRM: Temporary Agricultural Employment of H–2A Nonimmigrants in the United StatesSubsequent Trump-Era and Court Action(s)
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January 15, 2021
Advance copy of final rule: Temporary Agricultural Employment of H-2A Nonimmigrants in the United States
DOL submits final rule on H-2A labor certification process to the Federal Register.
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Biden Administration Action: Revoked/Replaced
January 20, 2021DOL Withdraws Forthcoming H-2A Temporary Agricultural Program Rule for Review
This Biden administration action withdraws the Trump-era policy identified in this entry.
On January 15, 2021, the U.S. Department of Labor (Department) announced and posted on the Office of Foreign Labor Certification’s website a forthcoming final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (RIN 1205-AB89), pending publication in the Federal Register with a 30-day delayed effective date. On January 20, 2021, the Department withdrew this document from the Office of the Federal Register prior to its publication for the purpose of reviewing issues of law, fact, and policy raised by the rule, and therefore it will not take effect.
View DocumentCurrent Status
Not in effectMost Recent Action
January 20, 2021 Action: Revoked/Replaced DOL Withdraws Forthcoming H-2A Temporary Agricultural Program Rule for ReviewJanuary 20, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: ProposedTrump Administration Action: RuleSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: DOLAssociated or Derivative Policies