Navigating H-2A Program Updates: Compliance Requirements for Washington State Employers
The U.S. Department of Labor (DOL) has issued critical updates to the H-2A visa program for agricultural employers in Washington State, following a federal court order. At Ahluwalia Law Offices, we ensure foreign investors, visa holders, and employers remain compliant with evolving regulations. Below, we break down the latest developments and their implications.
Recent Developments
On March 28, 2025, the U.S. District Court for the Western District of Washington issued a preliminary injunction in Familias Unidas Por La Justicia v. DOL, requiring the DOL to rescind and modify H-2A job orders in Washington that listed only the hourly Adverse Effect Wage Rate (AEWR) for non-range occupations. The court ruled that employers must instead offer the applicable prevailing piece rate wage for specific crops or agricultural activities, as outlined in the Ninth Circuit’s decision in Torres Hernandez v. Su (2024).
Key Implications for Employers
- Rescission of AEWR-Only Job Orders: Employers in Washington State with job orders approved since November 25, 2024, must revise their terms to include prevailing piece rates from the DOL’s 2020-Survey wage rates.
- Mandatory Wage Compliance: Employers must now “unequivocally offer and pay” the higher of the applicable piece rate or hourly AEWR. Ambiguous wage terms will no longer be accepted.
- Employee Disclosure: Updated terms of employment, including wage rates, must be promptly communicated to all workers.
- Proactive Review: The DOL’s Office of Foreign Labor Certification (OFLC) will issue Notices of Deficiency or Required Modification for non-compliant job orders, requiring employers to amend applications before certification.
DOL’s Response and Next Steps
While the DOL has sought reconsideration of the court’s retroactive requirements, it is enforcing compliance for the 2025 season. Employers in Washington must act swiftly to:
- Revise job orders to include prevailing piece rates (accessible via the OFLC Agricultural Online Wage Library).
- Respond promptly to DOL notices to avoid certification delays or denials.
- Consult legal counsel to ensure adherence to 20 C.F.R. §§ 655.120(a) and 655.122(l).
Why Compliance Matters
Non-compliance risks penalties, litigation, and loss of H-2A workforce access. The DOL and federal courts continue to prioritize wage transparency and worker protections, aligning with broader Biden-Harris administration labor policies.
Contact Us Today
For tailored guidance on H-2A compliance or other immigration matters, reach out to Ahluwalia Law Offices at [email protected] or call 972-361-0606
Ahluwalia Law Offices is a trusted immigration law firm serving businesses and foreign nationals nationwide. All information is current as of April 2025 and based on USCIS, DOL, and federal court directives.
