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Background Information about the Changes to the H-2A Guestworker Program

Monday, 08 February 2010 00:00

Immigration Labor - H-2A

The H-2A Agricultural Guestworker Program is one of two guestworker programs in the U.S. for unskilled temporary work lasting less than a year.  H-2A is for temporary agricultural work; H-2B is for temporary non-agricultural work (seasonal hotel staff, landscaping, seafood processing etc.).

The H-2A program like most guestworker programs was already problematic and riddled with abuses before the Bush Administration formally proposed changes to the regulations governing the program in 2008. For a good overview of how the program works and examples of some of the most common abuses, see our report Litany of Abuses: Why we need more --not fewer-- worker protections in the H-2A guestworker program.

The following is a timeline of recent events involving the controversial program and its regulations.  Click on any item below to read more detail.

Timeline:

• February 11, 2010 Obama Administration Finalizes New Rules for H-2A Program, Effectively Undoing the Bush Rules
  • [FJ Statement/Press Release  ]  [Full Regulations  ]  [Regulations in 3 parts: Part 1  , Part 2  , Part 3  ]

• September 3, 2009 DOL Proposes New Rules for H-2A Program
  • [FJ Statement  ]

• June 29, 2009 North Carolina Federal Court Halts Suspension of Bush Rules

• May 2009 Obama Administration Decides to Suspend Bush Rules Effective June 29, 2009.
  • [Federal Register Notice of Suspension  ] [NYT Coverage]

• March 2009 Obama Administration Issues Proposal to Suspend Bush Regulations.
  • [Federal Register Notice of Proposed Suspension ] [FJ Statement  ]

• January 17 2009 Bush Regulations Take Effect 3 Days before Inauguration of President Obama

• December 2008 Bush Administration Finalizes H-2A Overhaul

• October 2008 Representative George Miller Demands Withdrawal of H-2A Plans

• April  2008 Groups Oppose Bush Guestworker Plan

• February/March 2008 Key Congressional Members Condemn Proposed Changes

• February 20, 2008 Immigration Coalition Seeks Withdrawal of Bush Plan

• February 13 2008 Bush Administration Announces Proposed Regulations Changes
  • [FJ Statement 

• November  2007 DOL Releases Memo Reducing Employers Obligations to Recruit U.S. Workers before Hiring Guestworkers; Farmworker Advocacy Groups Issue Letter of Opposition