Global Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Immigration Counsel

The Department of Labor is suspending the H-2A Final Rule (published on December 18, 2008 and in effect as of January 17, 2009). That Final Rule amended the regulations governing the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. To ensure continued functioning of the H-2A program, the DOL is republishing and reinstating the regulations in place on January 16, 2009 for a period of nine months, after which the Department will either have engaged in further rulemaking or lifted the suspension.

The notice of suspension (PDF) was published in the Federal Register on May 29, 2009, and the suspension is effective June 29, 2009. In order to answer employers’ questions about the suspension, the Office of Foreign Labor Certification has issued the document “H-2A Notice of Final Suspension: Frequently Asked Questions”(PDF).

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Leaders of the AFL-CIO and Change to Win labor federations have announced a proposed framework for reforming the U.S. immigration system, a key feature of which is the formation of an independent commission to evaluate how many immigrants should be admitted to fill temporary and permanent jobs without displacing U.S. workers. As reported in The Wall Street Journal, the unions contend that the current visa levels are outdated and often keep immigrant workers in temporary status, with fewer benefits and job protections. Business groups, however, argue that temporary worker programs do not put immigrant workers at a disadvantage and are effective. In particular, business groups argue that temporary worker programs are essential to filling labor-intensive, low-skill jobs (such as in the agricultural sector).

The announcement of the proposed framework could lead to renewed debate of immigration issues and provide the Obama administration and congressional Democrats with additional leverage for introducing legislation.

The proposed framework is based on a new report, “Immigration for Shared Prosperity,” written by former Labor Secretary Ray Marshall in coordination with the Economic Policy Institute, a liberal think tank in Washington.
 

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For the first time in 20 years, the H-2A guest worker program for agricultural employees is slated for reform. On Dec. 11, the Department of Labor (DOL) and Department of Homeland Security (DHS) issued final rules regarding the hiring of foreign agricultural workers, ostensibly to streamline the hiring process of these temporary and seasonal employees. Continue reading entry on Littler's Washington DC Employment Law Update blog.

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