An important announcement for all H2A program users. Hours after being sworn in on Friday, new Secretary of Labor, Hilda Solis announces a proposed suspension of new H2A regulations that were implemented in January of 2009. The following articles address the proposed suspension. The proposed suspension will be open to public comment for 10 days. It is not apparent at this time where the public should submit their comments. The news release available at USDOL’s website follows the articles below.
Obama suspends change made to farmworker rule
Sunday, March 15, 2009
One week before Christmas, the Bush administration changed the rules to make it easier and cheaper for agricultural businesses to employ temporary foreign workers. On Friday, within hours of being sworn in as Secretary of Labor, Hilda Solis announced that she would suspend implementation of the Bush regulations for nine months, pending ten days of open comment from the public. The Bush rules went into effect three days before President Bush left office.
ETA News Release: [03/13/2009]
Contact Name: Peggy Abrahamson or Suzy Bohnert
Phone Number: (202) 693-7909 or x 4665
Release Number: 09-0243-NAT
U.S. Department of Labor proposes to suspend H-2A rule
WASHINGTON — The U.S. Department of Labor’s Employment and Training Administration (ETA) today announced the proposed suspension for nine months of a final rule implementing changes to the H-2A program, which allows U.S. agricultural businesses to employ foreign workers in temporary or seasonal agricultural jobs. The department’s proposed action is open for public comment for 10 days.
“Because many stakeholders have raised concerns about the H-2A regulations, this proposed suspension is the prudent and responsible action to take,” said Secretary of Labor Hilda L. Solis. “Suspending the rule would allow the department to review and reconsider the regulation, while minimizing disruption to state workforce agencies, employers and workers.”
The proposed suspension of the final rule will appear in the Federal Register on March 17. The final rule appeared in the Federal Register on Dec. 18, 2008, and took effect on Jan. 17, 2009.
The H-2A nonimmigrant program is designed to provide agricultural businesses with short-term foreign agricultural labor when there are not enough domestic workers. Receiving an H-2A labor certification is the first step in the employment-based immigration process to work on a farm.
In 2008, the department granted North Carolina, Georgia, and Florida the largest numbers of H-2A labor certifications.
The Labor Department’s Office of Foreign Labor Certification will continue to accept and process H-2A applications during the proposed suspension period. Any final action on today’s proposed suspension will appear in a future Federal Register notice.