Favorable Court Ruling: DOL’s H-2A Worker Protection Rule is Blocked in Plaintiff States
Case 2:24-cv-00076-LGW-BWC Filed 08/26/24 There has been a major development in the ongoing litigation to challenge the U.S. Department of […]
Regulatory News
DOL Releases Final Rule on H-2A Worker Protections
On Friday, April 26th, 2024, DOL released its Final Rule. Below is an itemized summary of the major provisions. Please note that the following list is not comprehensive and that the Final Rule contains a number of other provisions and procedural changes.
Notices of Proposed Rulemaking (NPRMs)
The comment period for both of the following Notices of Proposed Rulemaking (NPRMs) concluded last quarter: H-2A NPRM ETA-2023-0003 and H-2 NPRM USCIS-2023-0012. Industry insiders have indicated that both agencies are pursuing an aggressive timeline and intend to push forward with a Final Rule sometime in 2024.
USCIS Final Rule
On January 31st, 2024, U.S. Citizenship and Immigration Services (USCIS) released its Final Rule regarding fee increases for H-2A, H-2B, and immigrant visa petitions. These new fees will go into effect April 1, 2024 and are applicable to all petitions received by USCIS on or after that date.
Petition for Rulemaking on the H-2A Wage Methodology
The following petition was submitted to the Acting Secretary of Labor, Julie Su, urging the reevaluation of the Adverse Effect Wage Rate (AEWR) methodology used to determine the required minimum wages for agricultural workers employed pursuant to the H-2A nonimmigrant visa program.
H-2B Visa Cap Relief Announcement and End-of-Season Reminders
On November 3, 2023, the Department of Homeland Security (DHS) announced its intent to release the maximum number of visas permitted by Congress this fiscal year – a total of 64,716 visas. Of these, 44,716 visas will be allocated to returning workers*, with an additional 20,000 earmarked to workers from an expanded list of Northern Triangle (NT) countries, which now include El Salvador, Honduras, Guatemala, Haiti, Colombia, Costa Rica, and Ecuador.
Important Update: Minnesota Earned Sick and Safe Time (ESST) Obligations
The law goes into effect on January 1, 2024, and requires Minnesota employers to offer paid leave to employees. A
U.S. Department of Homeland Security (DHS) Proposes Rule Affecting both the H-2A and H-2B Programs
DHS announced its own parallel rulemaking effort addressing both worker protections as well as some procedural changes Last week, the
Proposed H-2A Regulatory Changes
U.S. Department of Labor announces additional regulatory changes to the H-2A program This new Notice of Proposed Rulemaking (NPRM) comes
Notice: Occupational Employment and Wage Statistics (OEWS) Wage Rates
The vast majority of H-2A applications are not subject to this wage methodology As previously communicated, on June 16, 2023,