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Key Points

  • The DOL will issue a final H-2A rule in June 2024
  • The rule is intended to strengthen protections for H-2A farm workers in the US
  • The final rule will create fair labor standards through a series of provisions
  • Applications submitted on or after August 29, 2024, are subject to the new rule

Overview

The Department of Labor (DOL) announced that it has created a final rule regarding H-2A visas. The rule is effective on June 28, 2024.

DOL created the rule to implement fair labor standards and ultimately strengthen protections for all farm workers in the country. The new rule includes the following provisions:

  • Adding new protections for worker self-advocacy
  • Clarifying “for cause” termination
  • Ensuring employer accountability
  • Ensuring timely wage changes for H-2A workers
  • Making foreign labor recruitment more transparent
  • Improving transportation safety
  • Preventing labor exploitation and human trafficking

DOL has published a pre-publication version of the final rule in the Federal Register. H-2A applications that are filed before August 28, 2024, will be processed according to the current regulations. The new rule will process applications submitted on or after August 29, 2024.

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Managing Attorney, Corporate Immigration Partners
Source: US Department of Labor (DOL)

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