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DOL proposes rule that would change H-2A labor certification process

  1. Original Date Announced

    July 26, 2019

    DOL 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 States
  3. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    DOL 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. 

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Current Status

Not in effect
January 20, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Proposed
Trump Administration Action: Rule
Agencies Affected: DOL

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