DOL Announces Update to H-2A Program in Washington State for Non-Range Occupations

DOL posted the following announcement:

April 3, 2025. The Department of Labor Announces Update to the H-2A Program in Washington State for Non-Range Occupations; Assessing Options for Compliance with Latest District Court Order.

On March 28, 2025, the U.S. District Court for the Western District of Washington issued a preliminary injunction order in Familias Unidas Por La Justicia v. DOL, et al., No. 24-cv-00637, enjoining the Department of Labor as to its approval of H-2A job orders submitted by certain employers seeking temporary labor certification for work performed in the State of Washington that list only the hourly Adverse Effect Wage Rate (AEWR) as an offered wage when there is an active prevailing piece rate wage for the particular crop or agricultural activity (“AEWR-only job orders”).

As a result of this order, the Department is assessing options for compliance, and employers who may be impacted by this order will experience a temporary delay in the processing of their H-2A job orders or Applications for Temporary Labor Certification. The Department will issue additional information and guidance with respect to this order as soon as possible.