DOL Announces Final H-2A Regulation

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 Aug. 28, 2024, will be processed according to the current regulations. Applications submitted on or after Aug. 29, 2024, will be processed in accordance with the new rule.  

 

Envoy is pleased to provide you with this information, which was prepared in collaboration with Joy Ang, Partner, at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).    

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.