On July 2, 2025, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to rescind the 2024 Final Rule titled Improving Protections for Workers in Temporary Agricultural Employment in the United States. This rule, which took effect on June 28, 2024, amended the regulations governing the H-2A visa program for temporary agricultural workers. The DOL’s proposal would effectively eliminate several provisions designed to strengthen protections for these workers.
Background
The H-2A program allows employers to hire temporary foreign workers when the Department determines there is a lack of able, willing, and qualified U.S. workers to perform the agricultural labor or services, and when employing temporary labor will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The 2024 Final Rule aimed to enhance labor standards and enforcement related to the employment of H-2A workers. It introduced new requirements such as:
- Just cause standards for termination of H-2A workers.
- Enhanced transparency for foreign labor recruitment.
- Preventing the holding or confiscating of a worker’s passport, visa, or other identification documents.
- Expanded anti-retaliation provisions.
- Seatbelt requirements in employer-provided transportation.
- Ensuring timely wages.
On June 20, 2025, the DOL issued guidance suspending enforcement of the 2024 Final Rule, citing legal and operational concerns. The current proposal seeks to formally rescind the rule and revert to prior standards.
Summary of Proposed Changes
If finalized, the proposed rule would eliminate:
- The requirement that employers demonstrate “just cause” for terminating H-2A workers.
- Mandatory disclosure of foreign labor recruiters and their agents.
- Provisions allowing workers to invite guests into employer-provided housing.
- Seatbelt installation and usage mandates for employer-provided vehicles.
- Restoration of a 14-day notice period for notifying workers about delays in their start date and compensating workers at the applicable rate for each day of delay.
Implications for Employers
The proposed rescission would reduce administrative obligations for agricultural employers utilizing the H-2A program. However, it also removes formal worker protections that may affect retention, worker relations, and public perception.
Employers should:
- Review current policies and procedures implemented in response to the 2024 Final Rule.
- Monitor developments to determine whether adjustments to contracts, housing policies, or payroll processes will be necessary.
- Prepare to revert to prior standards if the rescission is finalized.
Next Steps for Employers
To ensure continued compliance, employers should:
- Assess Current Practices: Identify and document policies and procedures affected by the 2024 Final Rule.
- Monitor Regulatory Developments: The proposed rule is subject to a 60-day public comment period. A final rule is anticipated later in 2025.
- Communicate with Legal and Human Resources Teams: Ensure that internal stakeholders are informed and prepared for possible operational changes.
- Review H-2A Contracts and Vendor Agreements: Determine whether contract terms need to be modified in anticipation of the rescission.
HR Works will continue to monitor this topic and provide updates as more information is made available.
