On July 22, 2025, the U.S. Department of Labor (DOL) made a major change by suspending enforcement of expanded workplace regulations and minimum wage requirements for home healthcare and agricultural workers. This includes those working under the H-2A visa program. This update rolls back labor protections that were put in place during the previous administration and has immediate effects on H-2A visa holders, their employers, and the entire agricultural labor market.
Let’s break down what has changed, who is affected, what actions are needed, and what this means for anyone involved with the H-2A visa program.
Summary of What Changed
The most important update is that the DOL will no longer enforce the 2024 “Improving Protections for Workers in Temporary Agricultural Employment in the United States” rule. This rule had expanded labor protections for H-2A farmworkers. The official rollback was published in the Federal Register on July 2, 2025. The DOL has now returned to the rules that were in place as of June 27, 2024.
Who Is Affected
- H-2A Visa Holders: These are temporary agricultural workers from other countries who come to the United States 🇺🇸 to work on farms.
- Agricultural Employers: Farmers and farm businesses who hire H-2A workers.
- Home Healthcare Workers: While the main focus is on agriculture, similar changes may affect home healthcare workers, especially those under other visa programs.
- Worker Advocates and Unions: Groups that support farmworkers and push for better working conditions.
- State Governments: Some states may try to enforce their own rules, but federal law usually takes priority for H-2A workers.
Effective Dates
- June 20, 2025: The DOL announced it would stop enforcing the 2024 rule.
- July 2, 2025: The Federal Register published the official rollback.
- July 22, 2025: The suspension of enforcement takes effect.
Required Actions for Employers and Workers
For Employers:
– Review Compliance: Make sure your practices match the rules that were in place before June 27, 2024. You no longer need to follow the expanded requirements from the 2024 rule.
– Stay Updated: Check the DOL’s H-2A Employment Law Guide and the USDA’s H-2A Visa Program resources for the latest information. You can find official guidance on the U.S. Department of Labor H-2A Program page.
– Consult Legal Advisors: Because lawsuits are still ongoing and rules could change again, it’s wise to talk to a lawyer who knows about immigration and labor law.
– Keep Good Records: Even though some rules are rolled back, you should still keep careful records of wages, housing, and employment terms. This helps protect you if there are questions or complaints.
For H-2A Workers:
– Know Your Rights: Your protections have changed. You may have fewer options if you face problems at work, like unfair dismissal or unsafe housing.
– Ask Questions: If you’re unsure about your rights or working conditions, talk to a trusted legal advisor or worker advocacy group.
– Document Issues: Keep notes or records if you experience problems with pay, housing, or treatment at work.
Implications for Pending Applications
If you have a pending H-2A visa application or are planning to apply:
– Applications Will Be Reviewed Under Pre-2024 Rules: The DOL will use the older, less strict rules to review applications.
– No Need to Meet 2024 Rule Requirements: You do not have to provide the expanded wage disclosures, housing safety features, or other protections from the 2024 rule.
– Stay Alert for Changes: Because lawsuits are ongoing, the rules could change again. Keep checking official sources for updates.
Background and Historical Context
The 2024 Final Rule
In 2024, under President Biden, the DOL created a rule that gave more protections to H-2A workers. These included:
– Wage Disclosure: Employers had to tell workers all wage rates, including how much they would be paid for each task or piece of work.
– Housing and Transportation Safety: Employers had to provide safer housing and transportation, including seat belts and guest policies.
– Anti-Retaliation Protections: Workers had more protection if they complained about unfair treatment or were fired without a good reason.
– Transparency in Recruitment: Employers had to be more open about how they hired workers and who owned the business.
Industry Pushback and Legal Challenges
Many farm employers and several Republican state Attorneys General said the 2024 rule was too strict and made it too hard to run their businesses. They filed lawsuits, and some parts of the rule were not enforced even before the official rollback.
2025 Policy Shift
Under President Trump, the DOL decided to stop enforcing the 2024 rule. They said ongoing lawsuits and complaints from employers were the main reasons. The DOL told employers to go back to following the rules from before June 27, 2024.
Practical Implications for H-2A Visas
1. Wage and Labor Standards
- Minimum Wage Requirements: Employers no longer have to follow the expanded wage disclosure and minimum wage rules from 2024. This means H-2A workers might get paid less, and there may be less information about how their pay is calculated.
- Enforcement: The DOL will not investigate or punish employers for not following the 2024 standards. Instead, they will use the older, less strict rules.
2. Worker Protections
- Housing and Transportation: Employers are no longer required to provide seat belts in transportation or allow guests in worker housing. Other safety measures from the 2024 rule are also not enforced.
- Termination and Retaliation: The extra protections for workers who are fired or who complain about unfair treatment are gone. Workers now have fewer ways to fight back if they are treated unfairly.
3. Employer Obligations
- Compliance: Employers must follow the rules that were in place as of June 27, 2024. They do not have to meet the extra documentation, disclosure, or operational requirements from the 2024 rule.
- Legal Risk: The risk of being investigated or fined by the DOL for not following the 2024 rule is now much lower. However, employers must still follow the basic H-2A requirements and other labor laws.
4. H-2A Program Numbers and Oversight
- Scale of the Program: In 2024, about 350,000 H-2A workers were employed in the United States 🇺🇸. This is a large part of the country’s farm labor force.
- Oversight: In 2024, there were only 659 federal investigations into wage and hour violations on farms. With the rollback, there may be even fewer checks on employers.
Key Stakeholders and Perspectives
- Agricultural Employers: Most farm owners and businesses are happy about the rollback. They say it makes it easier to run their farms and hire workers.
- Worker Advocates: Groups that support farmworkers are worried. They say the rollback leaves H-2A workers open to wage theft, unsafe living and working conditions, and unfair treatment, with fewer ways to get help.
- State Governments: Some states may try to enforce their own labor standards, but federal law usually takes priority for H-2A workers. This limits what states can do to protect these workers.
Related Developments: Home Healthcare Minimum Wage
The DOL’s decision also affects home healthcare workers, though the details are less clear. The rollback of minimum wage requirements in this sector mainly affects workers under the H-2B visa program, not H-2A. However, the logic and effects are similar: fewer protections and lower pay for workers, and less paperwork for employers.
Step-by-Step Guidance for H-2A Employers (as of July 2025)
- Review Current Compliance
- Make sure your business follows the rules from before June 27, 2024.
- You do not need to meet the extra requirements from the 2024 rule.
- Monitor DOL Guidance
- Check the DOL’s H-2A Employment Law Guide and the USDA’s H-2A Visa Program resources for updates.
- Stay alert for any new announcements or changes.
- Consult Legal Advisors
- Because lawsuits are still happening and rules could change again, talk to a lawyer who understands immigration and labor law.
- Document Practices
- Keep detailed records of how much you pay workers, the condition of housing, and the terms of employment.
- Good records can help protect you if there are questions or complaints.
Future Outlook and Pending Changes
- Litigation Continues: Lawsuits about both the 2024 rule and its suspension are still in court. Future decisions could bring back some protections or change the rules again.
- Potential for New Rulemaking: The DOL might propose new rules in the future, but as of July 2025, nothing new has been announced.
- Political Uncertainty: The rules for H-2A and other labor protections can change quickly, depending on who is in charge at the DOL and in Congress.
Official Resources and Contact Information
- U.S. Department of Labor H-2A Program: dol.gov/agencies/whd/agriculture/h2a
- USCIS H-2A Information: uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers
- USDA H-2A Guide: agworkforce.cals.cornell.edu
If you need more help, employers and workers can contact the DOL’s Wage and Hour Division or talk to a lawyer who knows about immigration and labor law.
Implications for Immigrants, Employers, and the Agricultural Sector
For H-2A Workers:
– Lower Wages and Fewer Protections: Workers may earn less and have fewer ways to complain about unfair treatment or unsafe conditions.
– Less Transparency: Employers do not have to share as much information about pay or working conditions.
– Greater Risk: Without strong protections, workers may face more problems with wage theft or unsafe housing.
For Employers:
– Easier Compliance: Employers have fewer rules to follow and less paperwork.
– Lower Legal Risk: The chance of being fined or investigated for not following the 2024 rule is much lower.
– Need for Vigilance: Employers should still follow the basic H-2A rules and keep good records to avoid problems with other laws.
For the Agricultural Sector:
– Labor Supply: The rollback may make it easier for farms to hire workers, but could also lead to more complaints or negative attention if workers are mistreated.
– Public Scrutiny: Worker advocates and the media may pay close attention to how workers are treated under the new rules.
For Pending and Future Applications:
– Applications Will Be Reviewed Under Old Rules: If you have a pending H-2A application, it will be reviewed using the pre-2024 rules.
– No Need for Extra Disclosures: You do not need to provide the extra information or protections from the 2024 rule.
– Stay Informed: Because the situation could change again, keep checking official sources for updates.
Conclusion and Next Steps
The U.S. Department of Labor’s suspension of expanded workplace regulations and minimum wage requirements for H-2A workers, effective July 22, 2025, is a major shift. Employers now have fewer rules to follow, while workers have fewer protections. This change affects wages, safety, and job security for H-2A visa holders, and makes compliance easier for agricultural employers.
As reported by VisaVerge.com, the regulatory environment for H-2A visas is still changing, with ongoing lawsuits and the possibility of new rules in the future. Both employers and workers should stay informed, keep good records, and seek legal advice if needed. For the most up-to-date information, visit the U.S. Department of Labor H-2A Program page.
By understanding these changes and taking the right steps, both employers and workers can better protect themselves and prepare for whatever comes next in the H-2A visa program.
Learn Today
H-2A Visa → A temporary visa allowing foreign agricultural workers to work legally in the U.S. for seasonal jobs.
Department of Labor (DOL) → U.S. federal agency overseeing labor standards, safety, and employment regulations nationwide.
Federal Register → Official daily publication where government agencies publish new rules, notices, and legal changes.
Wage Disclosure → Requirement for employers to provide detailed information on how workers’ pay rates are calculated.
Anti-Retaliation Protections → Legal safeguards preventing employers from punishing workers who complain about unfair or unsafe conditions.
This Article in a Nutshell
The U.S. Department of Labor’s suspension of 2024 H-2A protections eases employer burdens but reduces worker safeguards. This rollback affects wages, housing safety, and complaint protections, marking a significant regulatory shift impacting thousands of temporary agricultural workers and their employers nationwide.
— By VisaVerge.com
