United States | OFLC extends comment period on proposed revisions to H‑2A Temporary Agricultural Labor Certification Program

The Department of Labor (DOL) announced the Employment and Training Administration (ETA) has reopened and extended the public comment period on proposed revisions to the H‑2A Temporary Agricultural Labor Certification Program following the recent lapse in appropriations.

Key Points:

• The update was published in the Federal Register (FRN) on Dec. 17, 2025, and provides stakeholders an additional 30 days, through Jan. 16, 2026, to request documents and submit written comments.
• The proposed revisions to the H-2A Temporary Agricultural Labor Certification Program support updates made through ETA and the Wage and Hour Division’s Notice of Proposed Rulemaking, Rescission of Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States (published July 2, 2025).
  • The proposed rule aims to reduce regulatory burdens on employers (e.g., unnecessary costs and administrative complexity) and streamline compliance while maintaining protections for temporary foreign agricultural workers.
  • The proposed rule would also eliminate several employer obligations introduced in April 2024, which the DOL now considers excessive and impractical.
• According to the FRN, “The comment period for the Notice published Sept. 10, 2025, at 90 FR 43640, is reopened. Consideration will be given to all written comments received by Jan. 16, 2026.” Comments can be submitted here.

Additional Information: BAL will continue to monitor related developments and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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