WASHINGTON, DC – The U.S. Department of Labor today announced a Notice of Proposed Rulemaking related to the adjudication of temporary need for employers seeking to hire for herding or production of livestock on the range jobs under the H-2A program.

The publication of this proposed rulemaking follows a November 2019 settlement agreement where the department agreed to engage in this rulemaking. Specifically, consistent with the court-approved settlement agreement in Hispanic Affairs Project, et al. v. Perez et al., No. 15-cv-1562 (D.D.C.), this rulemaking proposes to rescind the regulatory provision at 20 CFR 655.215(b)(2). The provision governs the period of need for range occupations, to ensure the department’s adjudication of temporary or seasonal need is conducted in the same manner for all applications for temporary agricultural labor certification.

The department invites comments from the public on the proposed rule at www.regulations.gov. Submit public comments on the proposal by June 7, 2021.

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