Posts By: Jason Resnick
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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 The rescinded FAQ required a “single date of need” for all workers on the application and told employers to “file a separate application…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…
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…
DOL Suspends Enforcement of 2024 Farmworker Protection Rule
On June 20, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced it is suspending enforcement of the 2024 Farmworker Protection Rule (FWPR), effective immediately. This suspension is welcome news for H-2A employers, who have been navigating significant legal uncertainty since the FWPR’s implementation. The 2024 rule introduced expansive new requirements…