This week, the U.S. Department of Labor proposed to reverse a final rule issued on December 18, 2008 by President Bush that provided regulatory reforms for the H2A guest worker program.  "This unfortunate decision will serve to add confusion and expense to producers who were diligently working within the final guidelines," said Kam Quarles, Vice President of Government Relations/Legislative Affairs.

The final rule attempted to make the H2A program more practical for employers.  This is accomplished through modification of existing timeframes involving the petition process, as well as the interim period that a guest worker can be out of work while remaining in the U.S.  Additionally, a new calculation for determining the appropriate wage rates for the employees is being implemented.  This will involve specific information from over 500 localities, instead of the 18 regions that the program currently utilizes.  In April of 2008, United Fresh submitted to comments to the Department of Labor outlining our views on reforming the current H2-A guest worker program.  "Though these revisions, finalized in December, do not address the fundamental comprehensive immigration reform that United Fresh has long advocated, they are a step in the right direction for growers that can effectively utilize the H2A program," said Quarles.

In making the suspension, the Department of Labor indicated it was concerned about pending legal action against the final rule, that it lacked the resources necessary to effectively implement the program and also has policy disagreements with the previous Administration over the reforms.  The Department of Labor is seeking to suspend the H2A reforms for nine months, and will be accepting public comments on their suspension notice.  Those comments are due Friday, March 28th.  United Fresh will be preparing its own comments based on feedback from the membership. 

For more information, contact Kam Quarles at (202) 303-3427.