NCAE Files Lawsuit to Block New H-2A Rule


The National Council of Agricultural Employers will challenge the Biden Administration’s H-2A rule (“Biden Rule”) before it goes into effect this month and harms hardworking farmers and ranchers who utilize the Federal H-2A program.  They plan to quickly seek an order temporarily enjoining the Biden Rule.  No matter what happens, they expect the temporary injunction to be appealed to the D.C. Circuit.  The primary legal theory is that the Trump Administration’s H-2A rule (“Trump Rule”) was final when it was published on the Department of Labor website in 2021.  Additional to the challenge that the Biden Administration failed to follow the required notice and comment rulemaking procedures, NCAE will challenge the implementation of new and increased surety bond requirements for Farm Labor Contractors and relaxed standards for State Agencies to produce statistically invalid prevailing wage determinations as arbitrary and capricious in violation of the APA.


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