On October 8, 2024, The International Fresh Produce Association, The American Farm Bureau Federation, the Mississippi Farm Bureau Federation, the U.S. Chamber of Commerce, AmericanHort, and other organizations filed a lawsuit against the Department of Labor’s (DOL) new rule that aims to protect temporary agricultural workers on H2-A visas.
DOL H-2A Rule
Following the footsteps of the Farm Workforce Modernization Act, the DOL recently published a rule on H-2A visas in June 2024 that aims to protect agricultural workers from unfair treatment.
This expansion of the Code of Federal Regulations in Section 655.135(h) requires employers to provide assurances that they will not treat their employees unfairly if the workers were to speak out against unfair treatment.
The plaintiffs argue that the rule is unlawful since it grants temporary workers’ bargaining rights and infringes on an employer’s First Amendment rights. Those against the new DOL H-2A rule believe that it will make it more difficult for farmers to maintain their workforce.
What is the H-2A Visa?
The H-2A Visa is a special visa that allows foreign nationals to work in the U.S. by temporarily filling agricultural jobs for up to a year. These workers take agricultural roles that might not be otherwise filled.
The H-2A visa is especially important because it has helped reduce illegal entry. In recent years, there has been a strong correlation between Mexican farmworkers using H-2A visas and a reduction in Mexican workers entering the U.S. illegally.
Contact an Experienced Immigration Lawyer Today
Migrants who are seeking entry into the United States should consult with an immigration attorney. Reeves Immigration Law Group has 40+ years of experience handling work visa applications and defending against deportation and removal.
Our team of California attorneys will work with you to determine the immigration pathways available to you. We have a successful track record of securing immigration approvals and will work relentlessly to achieve the best possible outcome.
Contact a California immigration lawyer today.
