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DOL/ETA RIN: 1205-AC12 Publication ID: Fall 2022 
Title: ●Improving Protections For Workers in Temporary Agricultural Employment in the United States 

The Department of Labor’s (DOL) Employment and Training Administration and Wage and Hour Division propose to amend regulations to improve working conditions and protections for workers engaged in temporary agricultural employment in the United States; and strengthen protections in the recruitment, job order clearance, and oversight processes. The proposed regulatory changes involve the Employment Service and the H-2A non-immigrant visa program at 29 CFR part 501 and 20 CFR parts 651, 653, 654, 655, and 658.

The Department has identified a need to strengthen and clarify protections for all temporary agricultural workers, including U.S. workers and workers employed through the H-2A temporary agricultural program. The H-2A temporary agricultural program allows agricultural employers to perform agricultural labor or services of a temporary or seasonal nature so long as there are not sufficient able, willing, and qualified U.S. workers to perform the work and the employment of H-2A workers does not adversely affect the wages and working conditions of similarly employed workers in the United States. The use of the H-2A program has grown substantially in recent years and the Department is committed to protecting agricultural workers in light of their significant vulnerabilities.

Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 29 CFR 501    20 CFR 651    20 CFR 653    20 CFR 654    29 CFR 655    20 CFR 658    ...     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1188, 29 U.S.C. 49 et seq   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2023 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Local, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: Undetermined 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes 
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