DOL to resume H-2 program application processing during U.S. government shutdown

The U.S. Department of Labor announced Oct. 31 that it will resume processing H-2A and H-2B applications, designating the activity as "essential" during the ongoing U.S. government shutdown, according to the International Fresh Produce Association, citing the department's revised shutdown contingency plan. 

IFPA and its coalition partners advocated for this action in an Oct. 24 letter to the Office of Management and Budget, followed by additional administration outreach, "to ensure critical labor needs are met for the upcoming growing seasons," the association said in a member alert email.

Application processing was expected to resume in earnest the week of Nov. 3 after taking a few days to bring shuttered processes back online.

"This is a welcome development for producers across the nation, helping to avoid the looming application backlogs that would have disrupted labor availability during winter and spring," IFPA said. "By designating continued access to labor as essential, the Trump Administration is setting an important precedent should similar government shutdowns occur."

According to the DOL contingency plan, the Office of Foreign Labor Certification will process prevailing wage determinations and labor certification applications.

"Office of Immigration Policy staff may also be recalled on an intermittent basis to support excepted or exempt immigration-related activities. The work performed by these offices precedes the visa admission and issuance work performed by the Department of Homeland Security (DHS) and the Department of State (State), respectively, as required by the Immigration and Nationality Act and DHS regulations," the plan states. "The work OFLC is required to support these exempt activities at DHS and State, which remain funded by fee revenues authorized by Congress and paid by employers.

"A prolonged lapse of funding will exacerbate processing delays for the Office of Foreign Labor Certification activities especially temporary labor certification requests under the H2A and H2B 19 Visa programs," the plan continues. "(DOL department Employment and Training Administration) may be required to recall staff to perform excepted activities in support of funded activities at other agencies."