Department of Labor Issues Final Rule to Modernize H-2A Temporary Agricultural Labor Certification Program

By: Heather Domingo

The Department of Labor’s Employment and Training Administration and Wage and Hour Division issued a final rule that will modernize the H-2A application process into the digital era.

Among many other changes, the Final Rule:

  • Mandates that employers electronically file Applications for Temporary Employment Certification, job orders, and supporting documents, except in limited circumstances;
  • Permits State Workforce Agencies, or other appropriate inspecting authorities, to inspect and certify employer-provided housing for a period of up to 24 months under certain circumstances;
  • Provides that rental and/or public accommodations secured to house workers must meet applicable local, State, or Federal standards addressing certain health or safety concerns (e.g., minimum square footage per occupant, sanitary food preparation and storage areas, laundry and washing facilities); and
  • Codifies a unique set of standards and procedures for employers that employ workers engaged in animal shearing, commercial beekeeping, and custom combining according to a planned itinerary across multiple areas of intended employment in one or more contiguous States.


We will continue to closely monitor the most recent updates that will come with implementation of this new rule. If you have any questions about what this rule means for your business and how you will need to adjust and prepare for its implementation, contact the experts at The Saqui Law Group.

Disclaimer: The goal of this article is to provide employers with current labor and employment law information. The contents should neither be interpreted as, nor construed as legal advice or opinion. The reader should consult with The Saqui Law Group at (916) 782-8555 or for individual responses to questions or concerns regarding any given situation.

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