H-2A temporary agricultural workers picking crops | International Fresh Produce Association
AmericanHort and co-plaintiffs recently filed suit against the Department of Labor (DOL) to stop the implementation of a new H-2A Farmworker Protection Rule. The U.S. District Court for the Southern District of Mississippi has now issued a stay on portions of the DOL’s amended H-2A visa program regulations.
AmericanHort, on behalf of its members and the industry, argued the rule overstepped the DOL’s statutory authority and violated constitutional protections, imposing significant burdens on agricultural employers and disrupting the farming industry. The court’s decision halts enforcement of specific provisions related to labor organization and rights, providing a crucial reprieve to farmers who rely on the H-2A program for seasonal labor.
The Department of Labor has not indicated what their eventual reply may be, which could include proceeding with the case in early 2025. Given the stay in the case, and similar rulings in other cases challenging the DOL rule, AmericanHort has asked for the complete withdrawal of the rule. The DOL’s rollout of this rule and subsequent legal challenges has resulted in a “dual-track” filing process for H-2A applications which is nearly impossible to maintain. AmericanHort believes that the only viable option would be for the agency to withdraw the rule entirely.
In the interim, the DOL will issue additional information and guidance on its ongoing compliance and implementation of these orders as soon as possible. Until additional guidance is published, as of Nov. 27, 2024, employers (or an employer’s authorized attorney or agent) will be directed to the Foreign Labor Application Gateway (FLAG) System to prepare and submit H-2A job orders and Applications for Temporary Employment Certification using the version in effect June 27, 2024.
Please contact your Farm Labor Contractor or stay tuned to AmericanHort communications for more updates.
“AmericanHort and our members are encouraged by the recent ruling, which highlights the undue burden this rule imposes on growers and farmers,” says Ken Fisher, AmericanHort President and CEO. “We strongly believe that the DOL should reconsider and withdraw this rule in alignment with the court’s findings.”
Membership in AmericanHort supports an important advocacy capability to defend and enhance our industry. Click here for a comprehensive FAQ guide on the H-2A visa program, prepared by AmericanHort in collaboration with JPH Law counsel.
AmericanHort will continue to provide updates on these matters as they unfold. If you have any questions, please AmericanHort at [email protected].
