H2a rules and regulations. 2024/25 Law changes explained.
H2a rules and regulations DOL had published its notice of proposed rulemaking (NPRM) on September 12, 2023 (the § 655. Section 1188 — Admission of Temporary H-2A Workers; Civil Money Penalty Inflation Adjustments. MSPA. •See Rivera v. an “adequate and convenient supply of water that meets New York State Department of Health standards. - Reduce period of time for aliens to re-enter the U. OSHA Housing Safety and Health Checklist. These regulations include the provision of ES services with a particular emphasis on MSFWs, as well as provisions governing the discontinuation of ES services to employers. 2022 Final Rule Applies to Forms ETA-9142A filed on or after : November 14, 2022, with employment starting on or . In this final rule, the Department revises the ES regulations (20 CFR parts 651 through 654 and 658) that implement the Wagner-Peyser Act of 1933. We have strong working relationships with many H-2A Rules and Regulations – Eligible Countries With few exceptions, only nationals of countries eligible to participate in the H-2A program may be approved for an H-2A visa. 3d 892, 2013 U. Laws of the game. •Although H-2A regulation cite to the reimbursement obligation occurring at the 50 % mark of the season, the 9th Circuit had held that the reimbursements should generally be made during the first workweek to avoid wage and hour violations concerning the minimum wage laws. , Inc, 735 F. The provided transportation must meet all of the requirements and safety This fact sheet provides general information on required wages for workers employed under the H-2A visa program. However, our experienced team specializes in understanding and fulfilling these requirements, and we can make this process simple. Whether you’re a farm labor contractor (FLC), custom harvester An employer seeking to employ H-2A workers must agree as part of the Application for Temporary Employment Certification and job offer that it will abide by the requirements of this subpart and of 29 CFR part 501 and must make each of the following additional assurances: (a) Non-discriminatory hiring practices. Pay Notice and Work Agreement for H-2A employers. This includes work H2A Rules & Regulations. 9. Are any deductions permitted to be made from a worker’s pay? The employer must make all deductions from the worker’s paycheck that are required by law, The job order must specify all deductions that are not required by law which the employer will make from the worker’s pay. The farmer applies for a domestic job order with the local State Workforce Agency between 60 and 75 calendar days before the date they need work to start. In order to assist employers in achieving compliance with New York’s Wage Theft Prevention Act (WTPA), a number of forms and other resources are provided for your use. The rule aims to ensure that, despite the NLRA’s carve out of agricultural workers, that H-2A workers are provided protections to organize against unfair treatment by employers. If the housing is used during cold weather, adequate heating equipment must be provided . The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. FA Handbook; Read more on The FA Handbook. On August 26, 2024, the United States District Court for the Southern District of Georgia issued a preliminary The H-2A program is a valuable asset for employers in the agricultural sector who are facing labor shortages. Introduction. This Housing Safety and Health Checklist may be used as an aid by agricultural employers, farm labor contractors, and others providing housing subject to requirements under the An employer seeking to employ H-2A workers must agree as part of the Application for Temporary Employment Certification and job offer that it will abide by the requirements of this subpart and of 29 CFR part 501 and must make each of the following additional assurances: (a) Non-discriminatory hiring practices. DOL had published its notice of proposed rulemaking (NPRM) on September 12, 2023 (the “2023 Proposed H-2A Rule”). §§ 1101 et seq. Department of Labor published a final rule, (DOL) regulations governing the H-2A visa program also apply to the employment of other workers by the H-2A employer to perform any work included in the job order that was approved by DOL's Employment and Training Administration (ETA) or any agricultural work performed 21740 Federal Register/Vol. We also encourage you to look over the regulations outlined in the Department of Labor 20 CFR 655 Subpart B and 29 CFR 501. This guide aims to simplify the understanding of H2A visa regulations by Discover the intricate details of the H-2A visa program with regulations covering recruitment, termination, pay rates, housing, transportation, and more. Provide work tools, supplies and equipment at no cost to the worker. Applicable Laws and Regulations Law. Rules of the Association. Farm employers who utilize migrant and seasonal labor, including H2A workers, commonly provide transportation for workers from their housing locations to work sites and sometimes to stores and other public places. federal income tax and U. e. . However, to qualify for this program, both employers and prospective workers must follow the correct H-2A rules and regulations. A good rule of thumb is to provide employee housing that you would find suitable for yourself or your family members. The Department's Wage and Hour Division has responsibility for enforcing provisions of worker contracts. after February 13, 2023 • Revision to the Department’s regulations in 2015 reasonably return to their residence or employer codified sub -regulatory guidance that permitted applications for herding and production of Under the regulations, the dollar amount that a worker can receive for daily subsistence must be at least as much as the allowable meal charge while employed with the employer. This fact sheet provides general information on required wages for workers employed under the H-2A visa program. workers available to The Department of Labor’s regulations governing the H-2A Program also apply to the employment of U. Staying in compliance with the rules and regulations of the program is critical to your success as an H-2A employer, and housing plays a huge role in compliance. Under the proposed regulations, employers who violate H-2B program requirements, including employers who fail to demonstrate an ability and intent to follow the program requirements, may be ineligible for the limited number of available visas. 1. H-2A must follow a number regulations designed to protect workers’ rights and ensure compliance with U. OSHA Regulations. Federal form ETA 790 when properly completed, partially satisfies the requirements of New York's Wage Theft Prevention Act (WTPA). immigration laws. Note that, under the 2022 H-2A Rule, state and local regulations will supplant the OSHA DOL provided Round 1 FAQs on the implementation of the 2022 H-2A final rule. On June 28, 2024, the Department of Labor published a final rule on H-2A visas. 603(a), 604(a). The 2024 Final Rule makes important changes to the H-2A program and certification process. S. for reading and complying with the Department’s regulations at 20 CFR 655 Subpart B and 29 CFR 501, which provide complete and definitive information regarding program requirements. Find out more Read more on 2024/25 Law changes explained. Rule”). \4\ In addition, the Department has issued special procedures for the employment of foreign workers in the herding and production of livestock on the range as well as animal shearing, commercial beekeeping, and custom combining occupations. Farmworker WASHINGTON – The U. temporary nature where the employer’s With H-2A housing regulation, employers are required to provide an H-2A worker with no-cost housing if the employer cannot return to their primary residence the same day. Fair Labor Standards Act. Citizenship and Immigration Services. The final rule will be published in the Federal Register on Oct. Provide worker’s compensation insurance (or its equivalent if workers are excluded from The heat-related rules apply whether workers are from the U. As a result, the remainder of the Trump Administration’s 2019 proposed rule was the basis of this 2022 H-2A Rule. (RFA), imposes certain requirements on Federal agency rules that are subject to the notice and comment requirements of the APA. Federal regulations, including the Migrant and The Department’s Employment and Training Administration and Wage and Hour Division published a final rule implementing changes to the H-2A program effective March 15, 2010. See more The final rule strengthens protections for temporary agricultural workers by making several changes to H-2A program regulations to bolster the Department's efforts to prevent adverse effect on workers in the U. The H-2A program allows employers to An employer seeking to employ H-2A workers must agree as part of the Application for Temporary Employment Certification and job offer that it will abide by the requirements of this subpart and of 29 CFR part 501 and must make each of the following additional assurances: (a) Non-discriminatory hiring practices. \5\ The First, DHS proposes to allow USCIS to consider a discretionary denial when the petitioner has been the subject of a final administrative determination by the Secretary of Labor or GDOL with respect to a prior H-2A or H-2B TLC that includes: (1) revocation of an approved TLC under 20 CFR part 655, subpart A or B, or applicable Guam regulations and rules; (2) DOL In December 2008, USCIS published final rules for both the H-2A and H-2B classifications that became effective in January 2009. A. workers available to The final rule strengthens protections for temporary agricultural workers by making several changes to H-2A program regulations to bolster the Department’s efforts to prevent adverse effect on workers in the U. In 1987, the Occupational Safety and Health 21740 Federal Register/Vol. See 8 CFR 214. The following general categories of individuals or organizations may import foreign workers under the H2A visa: a. Regulations; Administrative Appeals; Tools. Before making an appointment for a visa interview, make sure you have the following: A valid, undamaged passport – please confirm that your passport is valid (not expired) and the data is correct, including your date of birth, gender, and spelling of your name. Department of Labor (Department) has published the final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (the “Farmworker Protection Rule”). Department of Labor today announced a final rule to amend H-2A temporary labor certification regulations to protect agricultural workers better, and to update the H-2A application and temporary H-2A must follow a number regulations designed to protect workers’ rights and ensure compliance with U. The statute and Departmental regulations provide for numerous worker protections and employer requirements with respect to wages and working conditions. 10. An agricultural employer who anticipates a shortage of U. Department of Labor today announced a final rule to amend H-2A temporary labor certification regulations to protect agricultural workers better, and to update the H-2A application and temporary labor certification process. 754 F. temporary nature where the employer’s The H-2A visa is an important tool that allows U. ; The farmer applies for a temporary labor certification with the Department of Labor’s These include experience requirements, lifting requirements, drug testing requirements, and criminal background checks. The job opportunity is, and through the period set forth in The rule also requires employers to provide the minimum productivity standards, wage rates, and overtime opportunities before an H-2A worker can accept a job. The maximum daily rate is based on the standard rate for the Continental United States Center for Agricultural Law and Taxation 211 Curtiss Hall 513 Farmhouse Rd. Prove that they intend to return to their home country after the visa expires. farms. The job opportunity is, and through the period set forth in Workers in Temporary Agricultural Employment in the United States" (the “2024 Final Rule”) amending regulations of the H-2A temporary agricultural worker visa program. The applicant should fulfill the following requirements: Have a job offer from a US employer. •BUT! IRS rules prohibit exclusions for categories that are “disguised” age or service rules – •possible that H-2A exclusion permissible under IRS 410(a) – but New Well Water Testing Requirements for H-2A Worker Housing . Protecting Workers’ H-2A Temporary Agricultural Worker program - instituted to meet a need for seasonal and temporary labor, without adding permanent residents to the population. Phone: (515) 294-5217 Fax: (515) 294-0700 In this handy guide, we will explore the H-2A employer requirements, so you know exactly how you can participate in the beneficial program. To give you a better understanding of employer requirements, here are some of the basics you should know. No work restrictions (experience requirements, drug testing, background checks, etc. Additionally, the employer in the US should also fulfill some criteria, such as: Exemption from withholding of U. All heating, cooking, and water heating equipment must be installed in accordance with State and local ordinances, codes, and regulations. FAQs include questions on implementation, job order filing and processing, prevailing wage surveys, wages, application filing and processing, and joint employers. employers or U. In its summary, DOL states, “This final rule requires employers to provide assurances that they Step 4. It § 655. Requirements - §410(a) •Rule does not require coverage of all employees and plan may impose eligibility conditions unrelated to age or service (e. This Fact Sheet provides general information about the requirements for employers to provide meals or to furnish free and convenient cooking and kitchen facilities to workers under H-2A temporary labor regulations governing the H-2A visa program also apply to the employment of other workers by the H-2A employer to perform any The 1987 Rule continued the application of this principle and introduced the term corresponding employment, stating that those regulations were applicable to the employment of other workers hired by employers of H-2A workers in the occupations and for the period of time set forth in the job order approved by ETA as a condition for granting the H-2A certification. The U. 0 Retaining Form I-9. However, getting these visas can be complex, involving many rules, application steps, and admission procedures. 2(h)(5)(x). 76/Monday, April 20, 2020/Rules and Regulations 1 Under certain emergent circumstances, petitions requesting a continuation of employment with the same employer for 2 weeks or less are exempt from the TLC requirement. safety requirements. One of the requirements in the rule is for employers who employ H-2A workers to display the H-2A poster where employees can readily see it. The proposed rule would add new protections for worker self-advocacy, better protect workers against retaliation, make foreign . 135 Assurances and obligations of H-2A employers. WASHINGTON – Today, the Department of Homeland Security (DHS) took steps to strengthen protections for temporary workers through the H-2A temporary agricultural and the H-2B temporary nonagricultural worker programs (H-2 programs). and ensure that H-2A workers are employed only when there are not sufficient able, willing, and qualified U. workers needed to perform agricultural labor or services of a temporary or seasonal nature. Self-Help Tools. Permitable areas for development of migrant farmworker housing is established in Chapter 70. Workers in Temporary Agricultural Employment in the United States" (the “2024 Final Rule”) amending regulations of the H-2A temporary agricultural worker visa program. 601 et seq. When the regulations were written, it was not contemplated that an H-2A worker could go on to work for an employer in another legal status - - such as H-2B, which has no transportation requirement. Why did the Department issue a new final rule governing the H-2A program? How is the 2022 H-2A final rule different from the 2010 H-2A regulations? When does the 2022 H-2A final rule become ETA Housing Safety and Health Checklist. One of the requirements in the rule is for employers who employ H -2A workers to display a new H -2A poster where employees can readily see it. ” The Department of Labor inspects H-2A housing that will house 4 or fewer workers. Department of Labor today proposed a new rule that would strengthen protections for farm workers in the H-2A program and help prevent abuses that undermine wages and standards for all agricultural workers. Protecting Workers’ Rights Employer Must Provide Work Contracts. Agricultural Recruitment Program (H-2A Program) The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the United States to perform agricultural labor or services of a temporary or seasonal nature. Many of these changes will have a significant impact on workers and their ability to assert their Basic Provisions/Requirements. Below is a table that reflects the adjustments that have occurred for penalties under this statute. This Housing Safety and Health Checklist may be used as an aid by agricultural employers, farm labor contractors, and others providing housing subject to requirements under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) or the H-2A visa program. On August 26, 2024, the United States District Court for the Southern District of Georgia issued a preliminary H2A Rules & Regulations. 132 H-2A labor contractor filing requirements. 103(b) and comply with all the assurances, guarantees, and other requirements contained in The Biden Administration faced strict legal limits in this rulemaking; the 2022 H-2A Rule could not make changes to the H-2A program that were not contemplated in the 2019 proposed rule. Foreign agricultural workers temporarily admitted into the United States on H-2A visas are exempt from U. FJ’s fact sheet on the 2022 rule can be found for reading and complying with the Department’s regulations at 20 CFR 655 Subpart B and 29 CFR 501, which provide complete and definitive information regarding program requirements. Requirements for the Job Agricultural Recruitment Program (H-2A Program) The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the United States to perform agricultural labor or services of a temporary or seasonal nature. ) may be used to disqualify any U. Additionally, if you employ any non-H-2A workers, you must comply with the Migrant and Seasonal Agricultural Worker Protection Act, if applicable. It is ETA's position that in this case, neither employer has an obligation under the H-2A regulations to provide transportation home. and ensure that H-2A The H-2A program allows U. The standard filing process for hiring H-2A workers should take between 60 and 75 calendar days and will include the following steps. worker applicants. The Occupational Safety and Health Act of 1970 (OSHAct) was enacted to assure safe and healthful working conditions for working men and women. Criteria For Determining Employer’s Eligibility. Move embedded pdf to be a related file and link where highlighted. employers to hire foreign workers for temporary agricultural jobs when there aren’t enough domestic workers. 12, 2022. Employers of H-2A workers must provide a copy of the work contract to every employee. Provide free centralized cooking facilities and utensils or three meals per day, at cost, to the workers to whom housing is provided. An employer seeking to employ H-2A workers must agree as part of the Application for Temporary Employment Certification and job What is the H 2A Program? The H‐2A Program is authorized under the Immigration and Nationality Act (INA) and allows a U. If the employer opts to rent accommodations, then they must pay for all housing related charges. However, getting these visas can be complex, involving H-2A workers and other workers employed on the H-2A job order have the following rights: Disclosure: You must be given a copy of your work contract. The H-2A program is managed by three federal agencies. Learn more by reading fact sheets that cover a variety of H-2A topics, including recruitment, worker rights, records retention, meal obligations, wage requirements, housing standards, labor contractor surety bonds, and retaliation prohibitions under the H-2A temporary agricultural worker program. Additional information on the H‐2A Program, including filing tips and DOL provided FAQs to assist employers, workers, and other interested parties in understanding the H-2A final rule, which goes into effect on 11/14/22. In a notice of proposed rulemaking (NPRM) published today, DHS proposed modernizing and improving the H-2 for reading and complying with the Department’s regulations at 20 CFR 655 Subpart B and 29 CFR 501, which provide complete and definitive information regarding program requirements. H-2A employers must comply with all such applicable laws. This rule affects the H-2A visa program, which allows U. Department of Labor published a final rule, (DOL) regulations governing the H-2A visa program also apply to the employment of other workers by the H-2A employer to perform any work included in the job order that was approved by DOL's Employment and Training Administration (ETA) or any agricultural work performed The U. Understand the employer's obligations and the rights of U. 0 Correcting Errors or Missing Information on Form I-9. Additional filing requirements for H-2A Labor Contractors (H-2ALC) An application filed by an H-2ALC must be limited to a single area of intended employment in which the fixed-site employer(s) to whom an H-2ALC is furnishing employees will be utilizing the employees. Additional information on the H‐2A Program, including filing tips and The final rule strengthens protections for temporary agricultural workers by making several changes to H-2A program regulations to bolster the Department's efforts to prevent adverse effect on workers in the U. employer to hire foreign workers on a temporary basis Constantly changing H2A rules and egulations also drain your time and your energy. job applicants unless they are included in the job order and applied at least as stringently to H-2A workers. WASHINGTON – The U. ETA Housing Safety and Health Checklist. This final rule is exempt from notice and comment requirements for the reasons stated above in Part III. An H-2A labor contractor (H-2ALC) must meet all of the requirements of the definition of employer in § 655. Employer Criteria: Nature of Work: The job offered must be agricultural in nature. Additional information on the H‐2A Program, including filing tips and The Regulatory Flexibility Act, 5 U. Citizenship and Immigration Services (USCIS) adjudicates the H-2 petitions, and the Department of State (DOS) issues the visas to the workers at consulates overseas. and ensure that H-2A The final rule strengthens protections for temporary agricultural workers by making several changes to H-2A program regulations to bolster the Department’s efforts to prevent adverse effect on workers in the U. This guide aims to simplify the understanding of H2A visa regulations by WASHINGTON – The U. to perform agricultural labor or services of a temporary or seasonal nature when the employer Discover the intricate details of the H-2A visa program with regulations covering recruitment, termination, pay rates, housing, transportation, and more. You must be notified in writing of all deductions that are not already required by law. The majority of the Department's current regulations governing the H-2A program were published in 2010. C. 85, No. Check Case Processing Times; Case Status Online; Change of Address; E-Request; 8. (AWMA) is to provide guidance to its stockholder employers who wish to apply for temporary alien agricultural labor certification for the purpose of employing H2A workers on a temporary or seasonal basis. Read more details about the changes for the season ahead. This fact sheet provides general information concerning the application of the H-2A requirements to the agricultural industry for H-2A applications submitted on or after March 15, 2010. In order to implement these rules, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be required for all petitions The H-2A program is a valuable asset for employers in the agricultural sector who are facing labor shortages. app. Employer requirements for H-2A visas can seem daunting at first. on the 2023 Proposed H-2A Rule. 3d at 1024 (“The [special Rules & Regs; Laws of the Game & FA Rules ; The FA Handbook. If both the state and the locality have regulations on a particular area of health and safety concern, the local regulations will govern. ; The farmer applies for a temporary labor certification with the Department of Labor’s The H-2A visa is an important tool that allows U. See5 U. In 1987, the Occupational Safety and Health On April 29, 2024, The U. The Department of Labor’s regulations governing the The Department's Employment and Training Administration and Wage and Hour Division published a final rule implementing changes to the H-2A program effective March 15, 2010. H-2A workers and other workers employed on the H-2A job order have the following rights: Disclosure: You must be given a copy of your work contract. Separate standards and procedures are necessary for these occupations because some of the requirements of the general H-2A Final Rule do not apply to these unique occupations, which are located in remote areas and require non-traditional regular work schedule involving workers generally being on call 24 hours per day, 7 days per week. Employers, new federal regulations require that all H-2A worker housing be provided with . An H-2ALC must include the following information in its application: The easiest way to comply with these rules is to calculate the maximum occupancy of each unit and meticulously track who is living there. 102 were subject to the APA's notice and comment requirements because they possess all the hallmarks of a legislative rule and could not be issued through sub-regulatory guidance. The H-2A visa is an important tool that allows U. In December 2024 DHS announced two final rules to modernize the H-2 program and the H-1B program. These regulations are aimed at preventing employers from raising standards post-job acceptance, which is a tactic previously used to terminate workers unable to meet them. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. We have built-in housing tracking on Harvust, so you can assign H-2A workers (and non-H-2A workers when needed) to different units and get a real-time view of occupancy rates. REGULATIONS & THE REGULATORY PROCESS . 114A. 050 RCW . (i. For many years, the Department’s H-2A regulations have explained that if workers are terminated without cause, they are owed the three-fourths guarantee, housing and meals until the worker leaves, and outbound transportation. b. H2 Visa Requirements. The rule revises existing regulations and, according to DOL, “strengthen[s] protections for agricultural workers and enhance[s] the Department’s On April 29, 2024, The U. This permitted land use for migrant farmworker housing overrides local zoning regulations except for the building height and setback, and road access requirements of the local zone. Tools. The Farmworker Protection Rule is effective June 28, 2024. To improve program integrity and better protect vulnerable workers, the proposed rule would clarify H2A Visa Requirements A. or foreign countries, but labor coming in under H2A visas or other programs have special requirements that must be met during the 10 months those workers are typically working on U. Peri& sons Farms. and H-2A workers alike. employers to hire foreign workers to perform temporary or seasonal agricultural labor or services. CIERTO will take charge of submitting paperwork on your behalf and deal with the federal government. regulation will apply to square footage requirements, but the OSHA regulation will apply to the toilet facilities. Highlights of the final rules: - Allow both H-2A and H-2B petitions to be filed for unnamed workers. Seasonal farm work is gearing up quickly now, and seasonal workers are flowing into the region. It is not an official The primary function of Agriculture Workforce Management Association, Inc. Accordingly, the court in Mendoza specifically held that the special procedures pertaining to sheep, goat, and cattle herding issued under § 655. In addition, the rule establishes several new standards aimed at protecting workers from surprise requirements and unjust terminations. Occupational Safety and Health Administration Field Sanitation Standard. Topics. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. union or non-union). non-H2A workers in corresponding employment) The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The You must comply with all applicable federal, state, and local laws and regulations, including health and safety laws. regulations of the H-2A temporary agricultural worker visa program. Farmworker Justice, along with 40 signatories, provided an extensive comment. Understanding the Basics of The H-2A Temporary Agricultural Worker Program Resources 1 Statutes & Regulations • Immigration and Nationality Act, 8 U. FICA taxes. Ensure that you meet the requirements to make a visa appointment. g. The job opportunity is, and through the period set forth in § 655. workers by an employer of H-2A workers in any work included in the ETA-approved job order or in any agricultural work performed by the H-2A workers during the period of the job order. Foreign seasonal workers would be granted greater protections and more flexibility in the duration of their visas under a proposed rule from U. This includes work The U. to perform agricultural labor or services of a temporary or seasonal nature when the employer The standard filing process for hiring H-2A workers should take between 60 and 75 calendar days and will include the following steps. Ames, Iowa 50011. The poster The DOL H-2A Rule. Be from a country listed in the H2A or H2B eligible countries list. For example, you must comply with the Fair Labor Standards Act, if applicable. This publication provides a basic overview of these rules. The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) into the U. employers to bring foreign workers to the United States to fill temporary or seasonal agricultural jobs (usually lasting no longer than one year) if On October 12, 2022, the Department of Labor (DOL) published a final rule amending the regulations of the H-2A temporary agricultural work visa program (the “2022 H-2A Rule”). 0 Rules for Continuing Employment and Other Special Rules. It is not an official H-2A Final Rule Public Rollout WHD 2010; ETA-OFLC H-2A Rule Briefing Presentation 2010; Applicable Laws and Regulations Law. from 6 to 3 months. Laws, Exemptions and Standards Range Housing (for Temporary Agricultural Employees – H2A Workers) legal requirements of the federal laws and regulations discussed in this Resource Guide. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring The H-2A program allows U. An employer that wishes to impose any such requirements must ensure that they are included in the job order, and that they are applied at least as stringently to H-2A workers as they are applied to U. The Department of Labor (DOL) issues the H-2 labor certifications and oversees compliance with labor laws; U. 2024/25 Law changes explained. Social Security and Medicare taxes on compensation paid to them for services performed in connection with the H-2A visa. otsontieljiothcuhlxxsujexgpdrrsocztktoqimf