H-2A Developments - Action May Be Needed

May 15, 2026

There have been two major developments regarding H-2A over the past week and we want to ensure that you have the most up to date information. The first change may require quick action, so please ready carefully and let us know if you have any questions. The second update is a major win for agriculture employers, and we’ll continue to provide information as the case develops.

DOL Clarifies English Language Proficiency Requirements

Also on May 14, DOL published Frequently Asked Questions (FAQs) requiring an English language proficiency standard be stated on job orders and applications for temporary or permanent labor certification. This applies to all positions requiring operation of a commercial motor vehicle, regardless of CDL requirements or agricultural exemptions.

The FAQs can be found here.

What this means for you:

Employers should immediately work with their attorneys, agents, labor contractors, or other application preparers to include proficiency language where appropriate on upcoming job orders to avoid any delay in processing.

DOL’s example text of language to include in the job order and/or applications is: “The worker must be able to read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals in English, respond to official inquiries, and make entries on reports and records.”

Any labor certifications not including an English language proficiency will be issued a Notice of Deficiency and pause processing of the application. Implementation of these requirements will go into effect 30 days from publication.

2. Court Denies Block of H-2A Wage Rule – A Major Win for Ag

On May 14, the federal district court for the Eastern District of California denied a preliminary injunction request against the Department of Labor’s (DOL) Adverse Effect Wage Rate Methodology Interim Final Rule.

IFPA supported an amicus brief filed by a coalition led by NC Chamber, and we are members of the National Council of Agricultural Employers (NCAE) who also filed an amicus brief in support of the rule.

The court found that the plaintiffs had not met their burden to show a likelihood of irreparable harm. Though the case will move forward, this is a major victory for agricultural employers in maintaining the rule’s certainty in the coming months.

What this means for you:

Employers will not see any change in their wage determinations thanks to this decision. The next AEWR update is expected in July 2026.

IFPA will continue to monitor these proceedings, weigh in where our members’ interests are at stake, and keep you informed of developments.

Have questions? Please email them to USGR@freshproduce.com.

H-2A Developments - Action May Be Needed

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