Posts By: Jason Resnick
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DOL to Pause Collecting H-2A Certification Fees
On July 31, 2025, the U.S. Department of Labor (DOL) announced that it will temporarily suspend the collection of certification fees for the H-2A temporary agricultural worker program. This suspension, which will take effect August 30, 2025, is intended to give the DOL's Office of Foreign Labor Certification (OFLC) time to transition from paper-based fee collection to an electronic payment…
State Department Narrows Interview Waiver Eligibility – Impact on H-2A Processing
On July 25, 2025, the U.S. Department of State announced changes to its interview waiver policy for nonimmigrant visas. Effective September 2, 2025, far fewer visa applicants will qualify for an interview waiver. Impact on H-2A Processing Although the update does not specifically address the H-2A program, the practical effect is clear: H-2A workers will generally be required to appear…
New Edition of Form I-129 Required for Visa Petitions Starting July 30
USCIS has announced that beginning July 30, 2025, it will only accept the 01/20/25 edition of Form I-129, the form used to petition for certain nonimmigrant worker classifications, including H-2A and H-2B visa categories. Although there are no substantive changes between the new 01/20/25 edition and the prior 01/17/25 version, petitioners must use the updated form to avoid rejection. The…
Federal Judge Restricts ICE Enforcement Tactics in Southern California
On July 11, 2025, a federal judge in Los Angeles issued a temporary restraining order (TRO) that curtails how U.S. Immigration and Customs Enforcement (ICE) may conduct immigration enforcement in Southern California. The order comes in response to allegations that ICE agents had been engaging in “roving patrols” and unlawfully detaining individuals based on race, language, or…
Farmworker Strike Threatens Operations Amid Heightened Immigration Enforcement
Agricultural employers across California face renewed operational uncertainty as a grassroots advocacy group calls for farmworker-led strikes over a 3-day period beginning July 16, and consumer boycotts in response to recent immigration enforcement activity. At a press conference on July 15, a small group of farmworkers decried what they described as “terrorizing” ICE raids at agricultural…
DOL Issues AEWR Updates for Non-Range H-2A Occupations
On July 11, 2025, the U.S. Department of Labor (DOL) published its annual update to the Adverse Effect Wage Rates (AEWRs) for H-2A job classifications not covered by the USDA Farm Labor Survey (FLS). These AEWRs are based on the Bureau of Labor Statistics’ (BLS) Occupational Employment and Wage Statistics (OEWS) survey and apply to (1) H-2A positions in SOC codes outside of the standard field…
DOL Launches New Office of Immigration Policy
The Department of Labor (DOL) has announced the creation of a new Office of Immigration Policy (OIP) to centralize oversight of employment-related visas, including the H2A agricultural worker program. Why It Matters Streamlined Coordination: OIP aims to unify DOL’s approach with USCIS, DHS, and State on labor certification and visa processing—potentially reducing delays in H2A…
Payer Beware: California Court Confirms Risk of Fraud Falls on the Party Best Positioned to Prevent It
A recent California appellate decision should serve as a wake-up call for employers and anyone involved in legal settlements or commercial transactions involving electronic funds transfers. In Thomas v. Corbyn Restaurants Development Corp. (Cal. Ct. App., May 27, 2025), the Fourth District Court of Appeal addressed a novel question under California law: When settlement funds are misdirected due…
DOL Proposes Recission of 2024 Farmworker Protection Rule
On June 30, 2025, the U.S. Department of Labor (DOL) published a proposed rule to rescind large portions of its controversial 2024 H-2A Final Rule, Improving Protections for Workers in Temporary Agricultural Employment in the United States. The proposed rescission comes in the wake of multiple federal court injunctions and DOL’s recent decision to suspend enforcement of the rule, as previously…