DOL Proposes Suspending new H-2A Rules

On March 13, the U.S. Department of Labor’s (DOL) Employment and Training Administration announced the proposed suspension, for nine months, of a 2008 final rule implementing changes in the H-2A program, which allows U.S. agricultural businesses to employ foreign workers in temporary or seasonal agricultural jobs.

Despite being costly and difficult to use, the H-2A Agricultural Guest Worker Program will remain an important component of labor supply for agricultural employers, according to the National Council of Agricultural Employers (NCAE).

Due to long lead times to process workers into the system and the extensive preparation, record-keeping and costs already incurred by employers, substantial numbers of applications and contracts for 2009 have already been completed based on the new rule. Suspension of the new rules at this late stage will be confusing and could be devastating to farm employers with pending applications and contracts. This could damage or disrupt family farms depending on H-2A workers, according to NCAE.

A mid-season rule change may lead to increased prices and reduce availability of fresh fruits, vegetables, dairy and other important food products to the American public, and drive more food production offshore, according to NCAE.

NCAE is particularly concerned about the disposition and validity of applications and contracts implemented during the transition period to the new rule. What will happen to growers, contractors and workers who followed the new rule? How will DOL assure the stability of U.S. agricultural production, a relative bright spot in the current economy?

NCAE members are urging elected officials and regulatory agencies to maintain the H-2A program in its current form for 2009, in order to assure regulatory stability for employers and employees alike.