The U.S. Dept. of Labor proposes to suspend the H–2A final regulations published on December 18, 2008 (which became effective on January 17, 2009) amending rules governing the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, which had made it easier for farm employers to hire and pay workers.

The United Farm Workers had challenged the implementation of the final rule in federal court. The DOL acknowledges that the development of the H–2A final rule was based in part on policy positions of the Bush Administration, “with which the current Administration may differ.” Also, that it “ may wish to reconsider these policy positions in light of the rising unemployment among U.S. workers and their availability for these jobs, and continuing economic problems in this country.”

To avoid the “regulatory vacuum” DOL proposes to reinstate on an interim basis the rules that were in place before the revised rules became effective.