DOL Proposes Changes To H-2A Temporary & Seasonal Agricultural Nonimmigrant Worker Certification Procedures & Related Rules

The Department of Labor (DOL) is proposing changes to its rules governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers.

The proposed changes appear in a Notice of Proposed Rulemaking (Proposed Rule) in today’s (September 4, 2009) Federal Register here.  The Proposed Rule reexamines the process by which employers obtain a temporary labor certification from DOL for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2A status. DOL also proposes to amend the regulations at 29 CFR part 501 to provide for sufficient enforcement under the H-2A program so that workers are appropriately protected when employers fail to meet the requirements of the H-2A program.

About The Author


Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, Ms. Stamer has more than 20 years experience representing and advising businesses and government on labor and employment, internal controls, employee benefits, safety and other related matters. An ABA Joint Committee on Employee Benefits Council Member and Chair of the ABA RPTE Employee Benefits & Other Compensation Group, Ms. Stamer also is a highly popular speaker and widely published author.  Her insights on human resources, employee benefits and internal controls matters appear in the Atlantic Information Service, Bureau of National Affairs, World At Work, The Wall Street Journal, Business Insurance, the Dallas Morning News, and a many other national and local publications.  For additional information about Ms. Stamer, her experience, involvements, programs or publications, see here

We hope that this information is useful to you.  If you need assistance responding to these or other compliance, risk management, transaction or operation concerns, please contact the author of this update, Cynthia Marcotte Stamer, at (214) 270-2402,

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