AHC Comments on DOL Proposed New H-2A Worker Program Rules

Introduction

On October 20, 2009, the American Horse Council submitted comments to the U.S. Department of Labor (DOL) concerning proposed regulations governing the H-2A temporary agriculture alien worker program, including those at horse farms.  Those comments are attached.

These proposed rules are very important to the horse industry because we use many alien workers on horse farms and ranches.

Background

On December 18, 2008, the Bush DOL adopted a final rule (2008 rule) outlining new procedures for the administration of the H-2A program that went into effect January 17, 2009. 

On May 29, 2009, the Obama DOL suspended the Bush 2008 rule to reexamine it and reinstated the rules that had previously governed the H-2A program.  This suspension was to last nine months after which the DOL would either propose new H-2A rules or reinstate the 2008 rule.  However, on June 29, 2009, the U.S. District Court for the Middle District of North Carolina issued an injunction barring the DOL from suspending the 2008 rule.

Because of that injunction the DOL decided to embark on a new rulemaking process and on September 4, 2009, issued a proposed H-2A rule (2009 proposed rule).    The stated reason for this new rulemaking process is a belief by the Obama DOL that the 2008 Rule “does not provide an adequate level of protection for either U.S. or Foreign workers.”

The 2009 proposed rule largely rolls back the provisions of the 2008 rule intended to make the H-2A program more usable and efficient and adds new and burdensome requirements.

Comments

The proposed rule included many changes to the H-2A program.  The AHC indentified and commented on several provisions that it believes are of particular concern to the horse industry. 

Status

The comment period for this proposed rule closed October 20, 2009.  After comments on this proposed rule are examined, the DOL will issue a final rule.