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DOL/ETA RIN: 1205-AB89 Publication ID: Spring 2022 
Title: Temporary Agricultural Employment of H-2A Nonimmigrants in the United States 

The United States Department of Labor’s (DOL) Employment and Training Administration and Wage and Hour Division are amending regulations regarding the H-2A non-immigrant visa program at 20 CFR part 655, subpart B. While DOL issued one comprehensive proposal, the final rulemaking action was split into two final rules: 1) a rule finalizing the Adverse Effect Wage Rate (AEWR) provisions, which is economically significant; and 2) a rule finalizing the remainder of the proposal in the Notice of Proposed Rulemaking, Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A workers), which is significant. The AEWR Final Rule (1205-AB89) published in the Federal Register on November 5, 2020 (85 FR 70445) with an effective date of December 21, 2020, and its implementation has been enjoined pursuant to a federal court order, dated December 23, 2020, in United Farm Workers, et al. v. U.S. Department of Labor, et al., No. 20-cv-1690 (E.D. Cal.). The rule finalizing the remainder of the proposal seeks to provide the necessary technical improvements to the existing H-2A regulations that will modernize and streamline the overall function of the program, and will include necessary legal changes and technical improvements to the overall administration of the program since the current H-2A regulation was published in 2010.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 655, subpart B    29 CFR 501     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1188   
Legal Deadline:  None
Action Date FR Cite
NPRM  07/26/2019  84 FR 36168   
NPRM Comment Period End  09/24/2019 
Final Rule (AEWR Provision)  11/05/2020  85 FR 70445   
Final Rule (AEWR Provision) Effective  12/21/2020 
Final Rule (H-2A Remaining Provisions)  08/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Brian Pasternak
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW, Office of Foreign Labor Certification; Room N-5311, FP Building,
Washington, DC 20210
Phone:202 693-8200