DOL Announces Suspension of New H-2A Regulations

Citing pending litigation, DOL inability to train, implement and manage the program and uncertainty as to the new administrations preferences the DOL has suspended the newly implemented H-2A regulations.  Excerpts from the pre-amble to the new regulations appear below.  A link to the HTML version is here.

Excerpts from the notice announcing the reversion to the old rules

Following the issuance of the H-2A Final Rule, a lawsuit was filed in the U.S. District Court for the District of Columbia on January 12, 009 (brought by the United Farm Workers and others) challenging the H-2A Final Rule. United Farm Workers, et al. v. Chao, et al., Civil No. 09-00062 RMU (D.D.C.).

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As we move forward with implementing the Final Rule, however, it is rapidly becoming evident that the Department and the SWAs may lack sufficient resources to effectively and efficiently implement the H-2A
Final Rule. This has already resulted in processing delays; the delays will become even greater as applications for the upcoming growing season are now being filed with the Department.

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Furthermore, development of the H-2A Final Rule was based in part on policy positions of the prior Administration with which the current dministration may differ. Relatedly, the Department may wish to
reconsider these policy positions in light of the rising unemployment among U.S. workers and their availability for these jobs, and ontinuing economic problems in this country.

Ten Day Comment Period

"Interested persons are invited to submit written comments on the proposed suspension on or before March 27, 2009. The Department will ot necessarily consider any comments received after the above date in aking its decisions on the final rule."