Temporary Agricultural Employment of H-2A Nonimmigrants in the United States; Ratification of Department's Actions
Published Date: 1/13/2025
Rule
Summary
The Department of Labor officially confirmed the rules from 2022 that guide how farms can hire temporary foreign workers (called H-2A workers) for seasonal jobs. This means employers and workers now have clear, official guidelines to follow, helping farms get the help they need while protecting workers’ rights. The ratification took effect on January 7, 2025, so everyone should be ready to roll with these rules now.
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
Worker protections and enforcement strengthened
The Department ratified the October 12, 2022 Final Rule that strengthens minimum standards and conditions of employment for temporary H-2A agricultural workers and improves program integrity, including program debarment for substantial violations. These strengthened protections are part of the rule now affirmed as of January 7, 2025.
Simplified H-2A application process for employers
The ratified Final Rule modernizes and simplifies the H-2A application and temporary labor certification process and is described as easing regulatory burdens on employers. The Final Rule originally published October 12, 2022 and went into effect November 14, 2022; this ratification affirms that status as of January 7, 2025.
Changes to prevailing wage procedures
The Final Rule included revisions to the standards and procedures for determining prevailing wage rates for H-2A jobs. Those revisions are now ratified as of January 7, 2025 and remain part of the regulatory framework.
Legal ratification gives official effect
The Assistant Secretary for Employment and Training and the Administrator of the Wage and Hour Division affirmed and ratified the October 12, 2022 Final Rule as of January 7, 2025. This ratification confirms the Department's independent evaluation and the Final Rule's regulatory analyses as of that date.
Finding: no significant small-entity economic impact
The Department affirmed the Final Rule's certification that the October 12, 2022 rule "does not have a significant economic impact on a substantial number of small entities." That certification is ratified as of January 7, 2025.
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