Posts By: Jason Resnick
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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…
Form I-94 Fee Increases to $30, Effective September 30
On September 30, 2025, the fee for filing Form I-94, Arrival/Departure Record, increases to a total of $30. The new fee structure combines the longstanding $6 processing fee with an additional $24 fee mandated by the budget reconciliation legislation (H.R. 1). These fees apply only to applications and enrollments on or after September 30, 2025. Only land border entries are subject to the…
H-2A Enforcement After Sun Valley Orchards
What Employers Need to Know In a decision that could reshape how the U.S. Department of Labor (DOL) enforces the H-2A agricultural guestworker program, the U.S. Court of Appeals for the Third Circuit has ruled in Sun Valley Orchards v. U.S. Department of Labor that employers facing substantial civil money penalties and back-pay awards are entitled to have their cases heard in an Article III…
Mission Mexico Delays Changes to Interview Waiver Process for H-2 Visas
On September 2, 2025, Mission Mexico announced that the planned changes to the H-2 visa interview waiver process have been temporarily delayed at the instruction of the U.S. Department of State. This reversal means that consular sections in Mexico will continue processing H-2 renewals under the prior interview waiver procedures until further notice. Under this guidance: September 2…
Spring 2025 Regulatory Agenda Released
The Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), has released the Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions. This semiannual publication outlines the rulemaking priorities of federal agencies, providing employers and the public with transparency into regulatory initiatives that may affect their operations in the…
Federal Court Vacates 2023 AEWR Rule
On August 25, 2025, the U.S. District Court for the Western District of Louisiana issued an order vacating the Department of Labor’s 2023 Adverse Effect Wage Rate (AEWR) Methodology Final Rule, finding it “arbitrary and capricious” under the Administrative Procedure Act. The ruling converts an earlier preliminary injunction into a permanent injunction, providing immediate relief to…
DOL Rescinds H-2A “No-Staggering” Policy: Single Application May Cover Staggered Entry Dates
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…
Court Denies Preliminary Injunction Against California Climate Disclosure Laws
On Aug. 13, 2025, the U.S. District Court for the Central District of California denied the motion by Western Growers, U.S. Chamber of Commerce, the California Chamber of Commerce and other business groups for a preliminary injunction blocking enforcement of Senate Bills 253 and 261. SB 253 requires companies with over $1 billion in annual revenues doing business in California to disclose…
Register Today for AZ/CA Agricultural Employer Seminar
Don’t miss the 18th Annual AZ/CA Agricultural Employer Seminar, taking place Wednesday, September 3, 2025, at the Yuma Civic Center. The event kicks off at 6:30 AM with breakfast and refreshments and will run until 1:00 PM. Jason Resnick, Senior Vice President and General Counsel at Western Growers, will be presenting on three critical topics for agricultural employers: Form I-9…
California Supreme Court Clarifies Arbitration Fee Payment Rules
In Hohenshelt v. Superior Court (Aug. 11, 2025), the California Supreme Court resolved whether California’s arbitration fee payment statute (Code of Civil Procedure §1281.98) is preempted by the Federal Arbitration Act (FAA). Section 1281.98 requires the party that drafted an arbitration agreement – typically the employer in employment disputes – to pay required arbitration fees…
USCIS Confirms Electronic I-94 Satisfies Document-Carrying Requirement
On August 5, 2025, Tyeshia Miller-Williams, Acting Assistant Director of the Office of Partnership and Engagement at USCIS, issued a letter responding to concerns raised by Michael Marsh, President of the National Council of Agricultural Employers (NCAE), regarding the document-carrying obligations of H-2A visa holders under 8 U.S.C. § 1304(e). The statute requires all aliens to carry…
Third Circuit Limits DOL’s Authority in H-2A Enforcement
The U.S. Court of Appeals for the Third Circuit’s decision in Sun Valley Orchards v. U.S. Department of Labor could fundamentally change how H-2A violations are prosecuted. What Happened DOL assessed over $580,000 in civil money penalties and back wages against a New Jersey grower for alleged breaches of its H-2A job order. Under current rules, employers must challenge such findings…
APMA H-2A Certificate Program Begins Aug. 13
Classes begin August 13, 2025 - register today! APMA is pleased to offer the H-2A Temporary Agricultural Workers Visa Program Certificate Program. Sessions 1–8 will be conducted via Zoom, and Session 9 will be held in person and will include a graduation certificate presentation. The location for the final session will be announced soon. Western Growers’ Jason Resnick…