The Department of Labor (DOL) has announced it will rescind a 2011 Office of Foreign Labor Certification (OFLC) FAQ that barred employers from using a single H-2A application to stagger the entry of H-2A workers as the seasonal need for labor increases. The rescinded FAQ required a “single date of need” for all workers on the application and told employers to “file a separate application for each date of need.” Effective upon publication in the Federal Register on August 25, 2025, that guidance no longer reflects the Department’s policy judgment.

Why this matters
With the 2011 FAQ rescinded, DOL has removed the informal prohibition that forced separate filings when the only difference among positions was the start date. The notice explains the 2011 FAQ “required employers to file multiple labor certification applications” for the same crops, occupations, and area of intended employment where the difference was the expected start date, and that this requirement is “appropriate for rescission.” In short, a single H-2A labor certification may now cover staggered entry dates under the existing regulations. All other statutory and regulatory requirements still apply.

“We want to thank the Trump Administration, including Labor Secretary Lori Chavez-DeRemer and Secretary of Agriculture Brooke Rollins for listening to growers and taking this pragmatic step forward,” said Dave Puglia, President & CEO of Western Growers. “Rescinding the ‘no-staggering’ rule eliminates needless cost and complexity, giving farmers the flexibility they need to meet real-world labor demand. We see this as a positive step forward by the Administration in helping to restore the competitiveness of American farmers, while helping bring down the cost of food for consumers.”

Jason Resnick, Senior Vice President and General Counsel, and head of Western Growers H-2A Services, said “I’ve seen first-hand the harm the ‘no-staggering’ guidance caused, imposing burdens on H-2A employers with no benefit to workers. This change isn’t just helpful; it will have an immediate impact by reducing an unnecessary cost of the H-2A program for farmers, many of whom are operating on razor thin margins.”

What’s next
The rescission restores the pre-2011 process, allowing employers to bring in H-2A workers as labor needs arise. Though this change clears one hurdle, Western Growers will continue to advocate for additional improvements to make the H-2A program more accessible to family farmers.

For questions about the policy change or the H-2A program in general, contact the Western Growers H-2A Services team.