US | Biden Administration Issues Final H-2A Rule

The Biden administration finalized a rule expanding federal authority to improve working conditions for migrant workers on H-2A agricultural visas and stop abusive employers within the sector.

The changes, which will go into effect on November 14, are intended to improve worker protection and the process of hiring foreign workers.

Employers sponsoring foreign workers will be required to electronically file applications for certification, and the temporary workers will be allowed to e-sign the documents.

Erickson Insights

Advocacy groups and associations have been calling for regulatory updates to address the farmworker labor shortage and increased reports of labor abuse. In addition, Congress has been working on the Farm Workforce Modernization Act, a proposal introducing a pathway to citizenship for undocumented migrant farmworkers.

Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.