DOL Extends H-2A Visa Transition Procedures
On Thursday, April 16, 2009, the DOL published an amendment to its current H-2A visa regulation. My thoughts and a summary of the new Final H-2A rule can be found here. The most recent amendment to the Final H-2A Rule states that employers requiring H-2A temporary agricultural workers to start work before January 1, 2010 (rather than July 1, 2009), will file Applications for Temporary Employment Certification in accordance with the transition period procedures in 20 CFR 655.100(b)(2)(2009). Stated briefly, the transition procedures provide that a prospective H-2A employer should first file its temporary H-2A labor certification application and then conduct recruitment for U.S. workers. As always, I recommend that everybody read the full text of the new, Final H-2A rule for themselves.
