LexisNexis® Legal Newsroom
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."

DOJ Settles U.S. Worker Discrimination Claims Against New Mexico Farm

DOJ, May 23, 2017 - "The Justice Department announced today that it has reached a settlement agreement with Carrillo Farm Labor, LLC (Carrillo Farm), an onion farm in Deming, New Mexico. The settlement resolves the department’s investigation of complaints that Carrillo Farm discriminated against...

DOL to Ramp Up Fraud Probes of H Visa Programs

Sarah N. Lynch, Reuters, June 6, 2017 - "The U.S. Labor Department said on Tuesday it is stepping up efforts to root out potential fraud in its visa programs for foreign workers, a move that will include increases in both civil investigations as well as criminal referrals. The announcement by Labor...

Will H-2A Visa Workers Save California Wines?

Esther Mobley, San Francisco Chronicle, July 28, 2017 - "Many grape growers consider H2A’s bureaucratic hurdles insurmountable: Those include costly fees, piles of paperwork and the requirement to provide government-inspected housing to workers. It’s a burden that many smaller-scale...

OFLC Schedules H-2A, H-2B Webinars in October 2017

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC will host a webinar on Tuesday, October 31, 2017 , designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common...