The U.S. Department of Labor (DOL) issued a final rule April 29 strengthening protections for agricultural workers employed in the H-2A temporary worker visa program.
The H-2A visa program is for seasonal jobs in agriculture. The rule seeks to protect farm workers on H-2A visas against retaliation, add new protections for worker self-advocacy, make foreign labor recruitment more transparent and enhance the DOL’s enforcement capabilities. The rule goes into effect June 28.
We’ve rounded up articles from SHRM Online and other outlets to provide more context on the news.
Rule Expands Labor Organizing Activity
The rule makes it easier for labor unions to contact and engage with H-2A workers; establishes specific conditions to terminate a worker for cause; makes changes to the payment of wages to ensure that farm workers are paid the most up-to-date wages as soon as possible; and requires farmers who employ H-2A workers to provide seat belts on vans that are used to transport workers long distances. Transportation accidents are a leading cause of death for farm workers, according to the DOL.
USCIS Proposes Regulations for H-2 Visa Programs
U.S. Citizenship and Immigration Services (USCIS) proposed its own new regulations in September 2023 that would strengthen the prohibitions on employers charging unlawful fees to H-2 workers, enhance whistleblower protections for those workers and institute stricter bars against employers that violate the programs.
The proposal would also extend grace periods during which H-2 workers may seek new employment, prepare for departure from the United States or seek a change of immigration status. Workers would also gain the ability to begin new employment upon the filing of an extension of stay petition rather than upon its approval, allowing employers in need of H-2 labor to hire workers already in the United States while their paperwork is pending.
H-2A Program Gets an Overhaul
The DOL previously issued substantive regulations amending the H-2A visa program in November 2022, changing how prevailing wages are formulated, modernizing how the application and certification process is conducted, and improving standards for employment conditions.
Call for More Protections
There are a variety of ways the U.S. government could improve labor standards for workers in the growing H-2A and H-2B visa programs, according to worker advocates.
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