The U.S. Department of Labor will stop enforcing new regulations for H-2A agricultural workers, providing relief to American farmers who have faced legal uncertainty since multiple court injunctions blocked the rule’s implementation.
The Wage and Hour Division announced the suspension through a field assistance bulletin, citing the need to give farmers clarity while litigation continues over the 2024 farmworker regulations introduced under the previous administration.
Immediate relief for agricultural employers
The decision means farmers using the H-2A temporary agricultural worker program no longer face enforcement of the contested 2024 rule, which had created operational challenges for employers trying to comply with conflicting court orders.
“Multiple federal court injunctions have created significant legal uncertainty, inconsistency, and operational challenges for farmers lawfully employing H-2A workers,” the department said in its announcement.
The suspension takes effect immediately and will remain in place as the department considers additional regulatory changes. However, the guidance does not alter existing H-2A requirements that were in place before the 2024 rule.
Limited scope of changes
The new guidance only affects enforcement of the 2024 regulations and does not change the department’s authority to enforce other H-2A program requirements. Workers and employers can still contact the Wage and Hour Division’s helpline at 866-4US-WAGE for additional guidance.
The department emphasized that the bulletin does not create new legal obligations or change existing statutory requirements for the temporary agricultural worker program.
The H-2A program allows U.S. employers to bring foreign nationals to fill temporary agricultural jobs when American workers are not available.
