Labor, Homeland Security publish H2A rule changes 

The Labor Department this week published an interim final rule revising the methodology for determining the hourly Adverse Effect Wage Rates for non-range occupations that is used in determining wage rates for foreign workers under the H-2A program.

The rule requests comments. 

The Homeland Security Department published a final rule that amends DHS regulations to modify the timing of when the U.S. Citizenship and Immigration Services must receive a valid temporary labor certification when an H-2A petitioner electronically files a Petition for a Nonimmigrant Worker requesting unnamed beneficiaries. 

The International Fresh Produce Association welcomed both rules. 

IFPA said, “The DOL’s interim final rule represents an historic step forward in creating a fairer, more predictable, and administratively workable process for setting H-2A wage rates.”

“We are pleased to see that DOL incorporated many of the recommendations IFPA and our members have consistently provided to make the program more practical and sustainable so growers can participate without facing insurmountable barriers,” IFPA said.   

“American agriculture depends on a reliable workforce, and today’s actions by both DOL and DHS represent meaningful progress toward ensuring farmers can continue to grow, harvest and deliver fresh produce. We look forward to working with the agencies to ensure these changes are implemented effectively.”