US Department of Labor issues new guidance to provide clarity for farmers on H-2A worker regulations

WASHINGTON – The U.S. Department of Labor’s Wage and Hour Division today announced it is suspending enforcement of the Biden Administration’s burdensome 2024 farmworker rule. The decision provides much-needed clarity for American farmers navigating the H-2A program, while also aligning with President Trump’s ongoing commitment to strictly enforcing U.S. immigration laws.

As multiple federal court injunctions have created significant legal uncertainty, inconsistency, and operational challenges for farmers lawfully employing H-2A workers, this field assistance bulletin clarifies that the department will not be enforcing the 2024 final rule effective immediately – providing critical predictability for agricultural employers as litigation continues and as the department considers further regulatory action. 

The rule’s implementation had already been suspended by the department because of federal injunctions. This guidance does not change existing regulations or limit the Wage and Hour Division’s authority to enforce H-2A requirements put in place prior to the 2024 final rule. It supersedes any contrary or conflicting guidance to field staff but does not create legally enforceable obligations or alter any statutory or regulatory requirements, ensuring full enforcement of U.S. immigration laws.

For additional guidance beyond the field assistance bulletin, workers and employers can contact the Wage and Hour Division at its toll-free helpline, 866-4US-WAGE (487-9243).