The regulatory chaos that has ensued during the past several years has made it exceedingly difficult for current and potential H-2A users to understand and comply with the complex rules that govern participation in the H-2A program, said Craig Regelbrugge, ANLA’s vice president of government relations and research.
The new rule retains the 60-75 day recruitment and filing period in advance of the date of need that makes anticipation of labor needs difficult, he said.

In addition, the Department of Labor published in the Federal Register the 2010 adverse effect wage rates (AEWR) that became effective March 15, 2010.
American agriculture submitted extensive comments on the practical problems created by the proposed regulations. While a few suggestions were adopted by DOL in its final rule, the final regulations retain almost all of those provisions that will make the program difficult and costly to use and which will subject agricultural businesses to substantial exposure from overly broad and punitive enforcement measures for violation of highly complex and technical program terms.
The need for a legislative fix of the H-2A program through Congressional enactment of the extensive H-2A reforms of the Agricultural Job Opportunity, Benefits, and Security Act (AgJOBS) has never been higher. AgJOBS would achieve extensive statutory reforms that would establish fair and balanced H-2A provisions with respect to a streamlined application process, wage relief, housing flexibility, program expansion to certain industries such as dairy currently ineligible to use the program, and a uniform and streamlined legal framework for the settlement of disputes.
Go here for a summary of some of the more problematic provisions of the rules.