Withdrawing the rule now is the only answer
On Dec. 2, NPC joined several agricultural groups requesting that the Department of Labor rescind the Improving Protections for Workers in Temporary Agricultural Employment in the United States Rule.
The request follows the rule now being enjoined by numerous courts and DOL attempting to apply different rules to different H-2A applicants and employers.
Following the two last court rulings on Nov. 25, the department temporarily reverted to the June 24, 2024 version of the rule for H-2A job orders on Nov. 27. Other aspects of the rule continue to vary based on the location of the farm.
Dean Gibson, NPC Vice President of Legislative Affairs notes, “Several federal courts have recognized serious problems with this rule. Withdrawing it now is the only answer, as growers already face numerous bureaucratic hurdles in using the H-2A program. Further contortions by the Administration in attempting to keep a broken rule partially in operation after these court rulings will only make a bad situation worse.”
