# Temporary Agricultural Employment of H-2A Aliens in the United States; Modernizing the Labor Certification Process and Enforcement
> **Wage and Hour Division** · Final rule. · Published 2008-12-18 · Effective 2009-01-17 · 73 FR 77110
## Document
- **Document number:** E8-29309
- **Category:** wage-hour
- **Sub-agency:** Wage and Hour Division
- **Federal Register citation:** 73 FR 77110
- **CFR reference:** 20 CFR 655
- **Publication date:** 2008-12-18
- **Effective date:** 2009-01-17
## Abstract

The Department of Labor (DOL or Department) is amending its regulations regarding the certification for the temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This final rule re-engineers the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2A (agricultural temporary worker) status. The final rule utilizes an attestation-based application process based on pre-filing recruitment and eliminates duplicative H-2A activities currently performed by State Workforce Agencies (SWAs) and the Department. The rule also provides enhanced enforcement, including more rigorous penalties, to complement the modernized certification process and to appropriately protect workers.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2008/12/18/E8-29309/temporary-agricultural-employment-of-h-2a-aliens-in-the-united-states-modernizing-the-labor)
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