Recission of Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States

Recission of Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States

Document type: Proposed Rule Publication date: 2025-07-02 Document number: 2025-12315

Abstract

The Department of Labor (Department or DOL) is proposing to amend its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status (H-2A workers) and enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This notice of proposed rulemaking (NPRM or proposed rule) that would rescind provisions contained within a final rule published by the Department on April 29, 2024, which adopted a number of unnecessary, burdensome, and costly requirements on employers. Specifically, these provisions include, but are not limited to, substantial new requirements associated with the material terms and conditions offered by employers to H-2A workers that are not commonly provided to other U.S. workers, including progressive discipline policies for cause-based employment terminations, anti-retaliation measures for certain workers engaged in self-organization and other concerted activities, and expanding the authority and scope for a State Workforce Agency (SWA) to discontinue employment services to employers, which prevents those employers from accessing the H-2A program, while eliminating employers’ option to request a hearing prior to the SWA’s final determination. Further, the final rule imposed extensive highly-sensitive data collection requirements on employers related to their use of foreign labor recruiters, including personal names and physical addresses abroad

Official sources

• Federal Register HTML page — searchable text version
• Federal Register PDF — official publication of record

Why this matters for immigrants

Federal Register publications under the Immigration topic tag have binding legal effect on:

• USCIS (immigration benefits, asylum, naturalization)
• ICE (enforcement, removal, detention)
• EOIR (immigration courts and the Board of Immigration Appeals)
• CBP (border admissibility and inspection)

Final Rules (“Rule” document type) become binding law on the effective date stated in the document. Proposed Rules are not yet binding and may be modified or withdrawn after public comment. Always verify the most current version of any rule at federalregister.gov before relying on it for legal or filing decisions.

Related procedural information

• USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
• Immigration court by state (EOIR) — courts that apply these rules
• BIA-recognized legal help by state — free representation
• Find an immigration attorney — for case-specific impact analysis

Last verified: 2026-05-27. General procedural information — not legal advice. Federal Register rules change frequently; always verify the current version at the source URL.

Recent fee, deadline, and contact context (2025-2026)

H.R.1 / OBBBA (One Big Beautiful Bill / Public Law 119-21) took effect 2026-05-29 and substantially changed USCIS fees. Asylum applications (Form I-589) now require a $100 filing fee and $100 Annual Asylum Fee (AAF) — both non-waivable per 8 U.S.C. 1802 and 1808. Other major fee changes: I-102 (replacement I-94) increased by $24; in-absentia removal-order arrest fee increased from $5,000 toward higher levels under separate DHS rulemaking (see Federal Register 2026-10082). Note: OBBBA’s TPS change was capping Form I-821 EAD validity at 1 year, not a fee change — the TPS application (Form I-821) fee remains approximately $50 under the 2024 USCIS fee rule (capped by INA § 244(c)(1)(B)), with no fee for re-registration.

Final Rules typically include a 30-day or 60-day delayed effective date from Federal Register publication. Proposed Rules receive a 60-day public comment period before potential finalization. Submit comments at regulations.gov referencing the rule’s docket number; comments become part of the rulemaking administrative record. The U.S. Department of Homeland Security (DHS), USCIS, ICE, and CBP each have their own Federal Register agency tag — search federalregister.gov for “Immigration” topic OR the specific agency.

Verify all USCIS form fees at the official Fee Schedule before filing: uscis.gov/g-1055 (Form G-1055). USCIS Contact Center: 1-800-375-5283 (TTY 1-800-767-1833) Monday-Friday 8:00am-8:00pm Eastern Time. ICE Detainee Locator System: locator.ice.gov/odls. EOIR immigration court hearings information: 1-800-898-7180 (case status) or justice.gov/eoir. The Department of State’s Visa Bulletin priority dates are published monthly around the 15th for the following month.