Two important H-2A developments occurred last week that could affect agricultural employers. The first involves new English-language proficiency requirements for certain H-2A positions. The second is a positive legal decision that upholds the current H-2A wage rule.
New Clarification for English-Language Proficiency Requirements – Action Possibly Needed
On May 14, the Department of Labor (DOL) released new Frequently Asked Questions clarifying that employers must include English-language proficiency requirements in job orders and applications for temporary or permanent labor certification when applicable. The guidance applies to any position involving the operation of a commercial motor vehicle, regardless of whether a CDL or agricultural exemption applies.
Key Takeaways for Employers:
Employers should work with their attorneys, agents, labor contractors, or application preparers right away to update upcoming H-2A job orders if English-language proficiency is required for the position. Failing to include the proper language could delay the application process.
The Department of Labor (DOL) provided the following example language for job orders and applications:
“The worker must be able to read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals in English, respond to official inquiries, and make entries on reports and records.”
Applications that lack the required English-language proficiency may receive a Notice of Deficiency, which will pause processing until the deficiency is corrected. These new requirements will take effect 30 days after publication.
Federal Court Upholds H-2A Wage Rule – Win for Agriculture
On May 14, a federal court in California denied a request to block the Department of Labor’s Adverse Effect Wage Rate (AEWR) Methodology Interim Final Rule.
The court ruled that the plaintiffs did not show enough evidence of immediate harm to justify stopping the rule while the case continues. While the lawsuit is still moving forward, the decision is considered a major win for agriculture because it provides near-term stability and certainty for employers.
Key Takeaways for Employers:
There will be no immediate changes to H-2A wage determinations as a result of this ruling. The next AEWR update is expected in July 2026.
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