LexisNexis® Legal Newsroom
DOL to Crack Down on H-2A Violators in Oklahoma; Watermelon Growers First Target

"Agriculture plays a significant role in Oklahoma's economy, with nearly 80,000 farms contributing to the state's production and providing jobs for thousands of workers. Farmworkers play an essential role in producing our nation's food supply, but are among the most vulnerable and lowest...

Advance Copy of DOL Proposed Rule for H-2A Herders

Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States "The Department of Labor (Department) is proposing to amend its regulations governing certification of the employment of nonimmigrant workers in temporary...

DOL Proposed Rule for H-2A Herders

Temporary Agricultural Employment of H–2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States; Proposed Rule - Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 .

H-2A Wage Lawsuit Settled...Seven Years Later

"After seven years of legal battling, 66 farmworkers from Mexico’s Colima state have been fully paid for work in orchards and vineyards in the Sacramento-San Joaquin Delta. Even though the workers’ claims have been settled, a farm labor contractor and four growers continue to deny...

Colorado H-2A Sheepherders' Lawsuit Alleges Wage Fixing: Llacua v. Western Range Assoc.

"The industry is not shy in viewing shepherds less as employees with legal rights and more as indentured servants who should be subject to even criminal sanction if they refuse to work. One sheep rancher and MPAS member recently introduced a state bill that would have made it a crime for a shepherd...

H-2A Debarment: Matter of Employment USA, LLC

"The preponderance of the probative evidence in this matter indicates that Kevin Opp, and the EUSA employees whom he supervised, participated in Employer Parties‘ violations by preparing applications that presented false and materially misleading information in an effort to make federal immigration...

DOL to Publish H-2A Final Rule

Official DOL links as posted Oct. 13, 2015 to: Final Rule as submitted to OFR Major Points and FAQs, Implementation Round 1

Advance Copy of H-2A Final Rule

"The Department of Labor is issuing regulations to govern its certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H-2A program. Specifically, these regulations establish standards and procedures for employers seeking to hire foreign...

DOL Publishes 113-page H-2A Final Rule in FR

Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 - "The Department of Labor is issuing regulations to govern its certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H–2A program. Specifically, these regulations establish...

Advance Copy of DHS Notice: H-2A/B Country List

This document is scheduled to be published in the Federal Register on 11/18/2015 - "This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 84 countries whose nationals are eligible to participate in the H-2A program and 83 countries...

CA10 on FLSA, H-2A, Quantum Meruit - Saenz Mencia v. Allred

Saenz Mencia v. Allred, Dec. 14, 2015 - "Mr. Saenz, a citizen of Peru, came to Utah to work for the Allreds’ sheep ranch. His work was authorized by an H-2A sheepherding visa, and he was paid the minimum wage for H-2A sheepherders: $750 per month plus food and lodging. He now claims this pay...

Record $2.8M Settlement Reached in Nevada H-2A Lawsuit: Rivera Rivera v. Peri & Sons Farms, Inc.

Law360, Dec. 16, 2015 - "A Nevada federal judge signed off Tuesday on a $2.8 million settlement between an onion farm and H-2A visa workers who claimed they had been shorted on pay and weren’t reimbursed for travel and immigration-related expenses."

Advance Copy of 2016 H-2A AEWRs

This document is scheduled to be published in the Federal Register on 12/22/2015 - "The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2016 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant...

DOL on Post-Certification Corporate Restructuring, Successor in Interest (H-2A)

DOL posted this FAQ on Jan. 22, 2016 . Though the FAQ is nominally limited to the H-2A context, it would not be surprising if DOL applied similar reasoning in other H visa contexts.

DOS H-2A Interim Final Rule

Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 - "As a result of this rule, a passport and a visa will be required of a British, French, or Netherlands national, or of a national of Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, who has residence in British, French...

Advance Copy of DHS H-2A Interim Final Rule: Elimination of NIV Exemption for Certain Caribbean Applicants

This document is scheduled to be published in the Federal Register on 02/08/2016 - "This interim final rule revises Department of Homeland Security regulations to eliminate the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the United States as H-2A agricultural workers...

H-2A Interim Final Rule

Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 - "This interim final rule revises Department of Homeland Security regulations to eliminate the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the United States as H–2A agricultural workers and the...

DOLETA Notice: H-2A/B Allowable Charges

Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 - "The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) is issuing this Notice to announce (1) the allowable charges for 2016 that employers seeking H–2A workers in occupations other than...

H-2A Nursery Employer Hit With Back Wages, Penalties: Matter of Overdevest Nurseries, LP

Matter of Overdevest Nurseries, LP, Feb. 18, 2016 - "For failure to pay the Adverse Effect Wage Rate to its domestic workers in corresponding employment to its H-2A employees in 2012 and 2013, Respondent will pay $92,984.22 in back wages owed to 69 domestic workers and $50,400 in civil money penalties...

Nebraska Farm Avoids H-2A Debarment, Pays $270K - DOL v. Daniels Produce, LLC

Braden Campbell, Law360, Apr. 6, 2016 - "A family-owned farm in Nebraska has agreed to pay $250,000 in back wages to 89 temporary foreign workers it employed through the H-2A visa program, according to a recent order issued by the U.S. Department of Labor's Office of Administrative Law Judges...

OFLC Streamlines H-2A Process, Revises Form

OFLC, May 18, 2016 - "OFLC is pleased to announce that the Office of Management and Budget (OMB) has approved the Department's request to update the Appendix A in two ways: (1) to reflect new regulatory requirements contained in the 2015 H-2A Herder Final Rule; and (2) to simplify the H-2A process...

DOL Enhances iCERT for H-2A/B Filers

DOL, Aug. 26, 2016 - " ETA Announces iCERT System Enhancement to Streamline the H-2A and H-2B Processes for Employers: Electronic Submission of Supporting Documentation Post-Filing ETA has implemented a new enhancement to the iCERT System related to the submission of applications for temporary...

DHS Posts Annual H-2 Country List (Oct. 26, 2016)

Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 - Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker Programs

USCIS Announces Addition of St. Vincent and the Grenadines to Eligible Countries for the H-2A and H-2B Visa Programs

USCIS, Nov. 8, 2016 - "USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have added St. Vincent and the Grenadines to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the coming year. The notice...

H-2A Employer Must Pay Back Wages, Penalties: Matter of Jose Gomez, Jr. d/b/a/ Tejas Workforce Connection

Matter of Jose Gomez, Jr. d/b/a/ Tejas Workforce Connection, Nov. 9, 2016 - "For failure to pay workers in accordance with the three-fourths guarantee, Respondent will pay $56,631.84 in back wages owed to 26 H-2A workers and $17,550 in civil money penalties."