News from the American Horse Council
WASHINGTON UPDATE
To: AHC Organizations
Date: May 29, 2009
Bush H-2A Agricultural Worker Rules Are Suspended by Obama
The U.S. Department of Labor (DOL) has suspended the recent changes to the H-2A program made by the Bush Administration on December 18, 2008.
Background
On December 18, 2008, DOL adopted a final rule outlining new procedures for the administration of the H-2A temporary agricultural alien worker program. Many horse breeding farms employ foreign workers for temporary periods through this program. Those new regulations took effect January 17, 2009.
For a full description of the December 18, 2008 rule and the changes it made to the H-2A program please refer to the AHC Memo of December 19, 2008.
On March 17th the DOL proposed to suspend the December 18, 2008 rule and accepted public comment on the proposed suspension for 10 days.
Suspension of December 18, 2008 Final Rule
On May 29, 2009 the DOL suspend the December 18, 2008 H-2A Final Rule that went into effect January 17, 2009 to reexamine it and possibly come out with a new rule. This suspension will last nine months. During this period, the previous rules that were in place prior to January 17 will be reinstated for those wishing to employ H-2A workers. The suspension of the current rule and reinstatement of the previous rule will take effect June 28. H-2A applications that have already been filed according to the new December 18 regulations or are filed before the June 28 suspension will be processed under those regulations. However, all new applications after that date will have to be filed in accordance with the requirements of the previous regulations. After the nine month examination period, the DOL will either propose a new rule for public comment or reinstate the December 18, 2008 rule.
If you have any questions, please contact the AHC.
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