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Posts By: Jason Resnick

October, 2025
OFLC to Resume Processing H-2A Certifications During Shutdown

Great news for growers and FLC's who rely on H-2A workers. The U.S. Department of Labor’s updated shutdown plan confirms that the Office of Foreign Labor Certification (OFLC) will continue processing H-2A temporary labor certification applications during the lapse in appropriations. Along with some of our closest association allies, we sent a letter last week to the Administration to…

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FMCSA Places New Limits on Non-Domiciled CDLs

The Federal Motor Carrier Safety Administration (FMCSA) issued an interim final rule on September 29, 2025 that sharply limits when state DMVs can issue or renew non-domiciled commercial driver's licenses (CDLs). States must pause non-compliant issuances, verify immigration status at issuance and renewal, align credential expirations with I-94 (Arrival/Departure Record) dates, retain more…

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USCIS Filing Changes Impacting H-2A Employers 

USCIS has rolled out filing updates that affect how H-2A petitions move, how you pay, and when you can file. Here is what growers and FLCs need to know, with practical implications and next steps.  Earlier electronic filing for unnamed beneficiaries  What changed. DHS now allows H-2A petitioners to file electronically for unnamed beneficiaries once DOL issues a Notice of Acceptance,…

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Finally, A Real Break for American Agriculture

For years, the Adverse Effect Wage Rate (AEWR) has been the single biggest policy lever driving H-2A labor costs up while squeezing growers’ margins. Since 2005, the average AEWR has roughly doubled. That run-up was untethered from job requirements and blind to the value of housing that H-2A employers are legally obligated to provide. The Department of Labor’s (DOL) new interim final rule,…

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DHS and DOL Modernize and Streamline H-2A Process

Effective October 2, 2025, the Department of Homeland Security issued a final rule that lets H-2A petitioners for the first time file electronic petitions. They will also be able to file earlier for unnamed beneficiaries when filing electronically. Under the rule, USCIS may begin processing an H-2A petition after the Department of Labor issues a Notice of Acceptance (NOA) on the temporary labor…

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Court Blocks California’s “Captive Audience” Law (SB 399) 

In a major win for California employers, the U.S. District Court for the Eastern District of California has granted a preliminary injunction halting enforcement of California’s Senate Bill 399 (SB 399). As previously reported here, Western Growers, the California Chamber of Commerce, and coalition partners challenged the law, which sought to prohibit employers from requiring employees to…

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DOL Issues Interim Final Rule Restructuring H-2A Wages

H-2A employers are rejoicing on news that the Department of Labor has taken further steps to reign in runaway H-2A wages. On October 2, 2025, the U.S. Department of Labor’s Interim Final Rule (IFR) on Adverse Effect Wage Rates (AEWRs) takes effect, immediately changing how wages are calculated in the H-2A program.  Key Changes:  Two Skill Levels: DOL will now publish OEWS-based AEWRs…

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