DEPARTMENT OF LABOR PROPOSES SWEEPING CHANGES TO H-2A PROGRAM
News Date September 15, 2009
The Labor Department has announced new proposed rules for the nation’s agricultural guest worker program, which would reverse many of the Bush Administration’s changes and would substantially alter the H-2A program in many respects. The proposal would amend the rules governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers.
The changes continue a long line of confusing regulatory actions affecting the H-2A program. In 2008, the Bush Administration announced significant changes to the program. Those changes went into effect in December 2008 but were suspended by the Obama Administration when it came into power in January 2009. In May, 2009, the Obama Administration finalized a rule suspending the 2008 rules but the suspension was enjoined by court order in June. Understandably, for the past ten months there has been a good deal of confusion over which rules govern the program.
The 61-page proposed rule can be found online. Comments are due by October 5, 2009. (Contact: Amy Mann)