Posts By: Jason Resnick
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H-2A’s Big Bang: Why 2026 Could Be the Year Growers Go All In
Instead of betting on a single policy shift, growers should watch what happens when two trends move at the same time: a tighter labor market driven by enforcement and border dynamics, and a federal wage framework that suddenly makes H-2A more competitive. Either trend alone would be manageable. Together, they could change hiring decisions across the West in a single season. That’s why 2026…
OFLC Plans to Keep H-2A Case Processing Moving During Partial Shutdown
With Congress again on the verge of a federal funding lapse, there is some good news for H-2A employers: the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) is expected to continue processing H-2A labor certification applications, even during a “partial” shutdown. Under DOL’s current lapse contingency plan, OFLC’s core processing functions are…
ICE Memo Says Administrative Warrant May be Enough to Enter a Home
Reporting this month describes a May 12, 2025, internal ICE memorandum that instructs officers they may enter certain residences to arrest a person who has a final order of removal using an ICE administrative “warrant of removal” (Form I-205), rather than a signed judicial warrant. What reportedly changed Traditionally, the bright line for a home is that entry generally…
New Federal “No Tax on Overtime” Deduction Doesn’t Apply to California Ag Workers
Public Law 119-21 (the “One, Big, Beautiful Bill Act”) created a new federal income tax deduction for certain overtime pay beginning with the 2025 tax year. The deduction only applies to “qualified overtime compensation” required by the federal Fair Labor Standards Act (FLSA). In general, the deductible amount is the overtime premium portion (for example, the extra “half” in…
Nevada H-2A Prevailing Wage Update: $16.63 Applies Broadly to Most Farm Jobs
Nevada growers and FLC’s using H-2A should take a close look at job classifications this season. Nevada’s prevailing wage for “Farm Labor, All Crops, All General Labor” is $16.63 per hour (effective 9/25/2025). This is the broadest “Farm Labor, All Crops” category and generally covers most general farm tasks across crops, including core field work, equipment operation, and…
California DMV Pauses Limited-Term CDLs, Cancellations Continue into March 2026
California employers who rely on limited-term (non-domiciled) commercial driver’s licenses should plan for continued disruption through at least early March 2026. In response to federal compliance action, California DMV has stopped issuing non-domiciled commercial learner’s permits (CLPs) and CDLs, and it is moving forward with cancellations affecting thousands of existing…
Mission Mexico Imposes New Consular Screening for H-2 Visa Applicants in CDL-Type Positions
Separate from California’s CDL developments, Mission Mexico issued guidance dated January 8, 2026, imposing additional screening requirements for H-2 visa applicants seeking to operate commercial motor vehicles in the United States. What the guidance requires Effective immediately, Mission Mexico-registered H-2 agents processing cases for applicants who…
Court Grants Partial Injunction on California Law Authorizing PERB to Govern Private Sector Labor Relations, but Leaves Unfriendly Amendment to ALRB intact
Signed into law September 20, 2025, AB 288 amends the Labor Code to expand the jurisdiction of California’s Public Employment Relations Board (PERB), a state agency with the authority to enforce federal labor law in the absence of action by the National Labor Relations Board (“NLRB” or “Agency”), and allow PERB to resolve private sector issues of federal labor law and grant…
UFW Lawsuit Threatens Sensible H-2A Wage Reform
The United Farm Workers (UFW) and affiliated plaintiffs have filed suit in federal court to block the U.S. Department of Labor’s (DOL) October 2025 Interim Final Rule (IFR) updating how Adverse Effect Wage Rates (AEWR) are calculated for non-range H-2A occupations. The IFR replaces the USDA’s Farm Labor Survey (FLS) – long criticized for inflating wage benchmarks – with a more…
Court of Appeal Dismisses Wonderful’s Challenge to Card Check Law as Premature
The California Fifth District Court of Appeal (Fresno) has ruled that Wonderful Nurseries, LLC cannot challenge the certification of the United Farm Workers (UFW) as the bargaining representative of its employees in court before exhausting administrative channels. The court held that the Kern County Superior Court lacked jurisdiction to interfere in ongoing proceedings before the Agricultural…
Ninth Circuit Halts One of California’s Climate Disclosure Laws: Supreme Court Application Pending
The U.S. Chamber of Commerce and allied business groups, including Western Growers, are challenging California’s climate disclosure laws, SB 261 and SB 253. On November 18, the Ninth Circuit Court of Appeals issued an injunction blocking enforcement of SB 261, which was scheduled to take effect on January 1. As a result, SB 261 cannot be enforced while our appeal is pending. The court declined…
OFLC Issues Shutdown Relief Guidance
The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued temporary relief measures for applications affected by government shutdown and the related suspension of the FLAG system. The November 5 guidance clarifies how OFLC will treat mailed filings, missed response deadlines, and emergency H-2A applications that could not be submitted while systems were…
DOL Posts Wage Rates for Non-Range Occupations in the H-2A Program
The U.S. Department of Labor 2025-2026 Adverse Effect Wage Rates (AEWRs) for non-range H-2A occupations implementing its October 2, 2025 Interim Final Rule (IFR). The posting includes Skill Level I and Skill Level II AEWRs by state and SOC code, along with a new downward “housing adjustment” that may be applied only to H-2A workers who receive employer-provided housing at no cost. Here…
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…
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…
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,…
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,…
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…
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…
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…