U.S. Department of Labor announces final Rule on H-2A Visa Program

The U.S. Department of Labor announced a final rule pending publication in the Federal Register that modernizes the H-2A visa program. The final rule will streamline the H-2A application process by mandating electronic filing of job orders and applications. These elements are designed to bring the H-2A application process into the digital era, by harnessing the power of the FLAG electronic filing system to share information with other federal agencies like the Department of Homeland Security while also sharing information with the State Workforce systems and domestic farmworkers.

Additionally, the final rule will provide additional flexibilities to cut down on unnecessary burdens on the agricultural employers that use the program. These flexibilities include the ability to stagger the entry of workers into the country over a 120-day period and allowing agricultural employers the flexibility to file a single application for different dates of need instead of multiple applications.

The Department expects the Final Rule will be published in the Federal Register in the next few days, with a 30-day delayed effective date from the date of publication.