United States | DOL proposes rollback of April H-2A rule changes

The U.S. Department of Labor (DOL) has issued a notice for a proposed rule to rescind several provisions from its April 29, 2024, final rule governing the H-2A visa program.

Key Points:

• 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 eliminate several employer obligations introduced in April 2024, which the DOL now considers excessive and impractical, including:
  • Mandatory progressive discipline policies for terminating H-2A workers
  • Anti-retaliation measures for workers engaged in organizing activities
  • Expanded authority for State Workforce Agencies (SWAs) to block employer access to the H-2A program without a hearing
  • Eliminating requirements for detailed personal information from employers

Additional Information: The H-2A visa program allows U.S. agricultural employers to hire foreign nationals for temporary or seasonal work when domestic labor is insufficient. The April 2024 rule was initially introduced to strengthen worker protections and improve oversight of employer practices.

The DOL encourages feedback from both employers and worker advocacy groups to ensure the final rule reflects a fair and effective framework for the H-2A program.

Public comments can be submitted through Sept. 2, 2025 here.

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

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.