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January 26, 2021

Department of Labor Pulls Trump H-2A Streamlining Rule

As reported here, on January 15, 2021, just five days before President Biden would take the oath of office, the U.S. Department of Labor announced the imminent publication of a final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (RIN 1205-AB89). The rule was to go into effect 30 days after the pending publication of the rule in the Federal Register. But on January 20, 2021, the DOL withdrew the rule from the Federal Register prior to publication.

The DOL said it was withdrawing the proposed rule “for the purpose of reviewing issues of law, fact, and policy raised by the rule,” and therefore it will not take effect. DOL said it will notify the public of any further actions once it completes its review. However, it is anticipated the proposed rule will be shelved permanently.

For information about the H-2A program or Western Growers H-2A Services, please contact Jason Resnick at [email protected]