DOL 'Proposes' to Suspend New H-2A Regulation
I received word early this morning that the U.S. Department of Labor announced a 'proposed' suspension of the new rule implementing changes to the H-2A visa program. As many of my readers know, the new final H-2A rule appeared in the Federal Register on Dec. 18, 2008, and took effect on Jan. 17, 2009. I summarized the new regulation here. The formal DOL announcement concerning this sudden proposed suspension is here.
Under 'normal' circumstances the H-2A program is extremely complicated, rife with bureaucratic delays, expensive and non-user friendly. Suffice it to say, it doesn't help the situation much when the government adds this considerable dollop of confusion to the recipe.
The press release does provide a teeny tiny glimmer of helpful, instructive information in saying that, "[t]he Labor Department's Office of Foreign Labor Certification will continue to accept and process H-2A applications during the proposed suspension period." By what criteria the applications will be adjudicated and whether they'll be adjudicated on a timely, consistent basis is another matter altogether.
One would assume that the current existent rule will carry the day until the 'proposed' suspension actually takes effect. It sure would be helpful if the DOL would step to the plate and provide some much needed assurance and communication to that effect. Sigh. What a mess. Let me know what you're hearing.
