Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 2609 

1Although this provision vests approval authority 

in the ‘‘Attorney General,’’ the Secretary of 

Homeland Security now may exercise this 

authority. See 6 U.S.C. 202(3)–(4), 251, 271(b), 291, 

551(d)(2), 557; 8 U.S.C. 1103(c) (2000). 

2 Guedes v. Bureau of Alcohol, Tobacco, Firearms 

& Explosives, 920 F.3d 1, 13 (D.C. Cir. 2019). 

By order of the Board of Governors of the 

Federal Reserve System, acting through the 

Secretary of the Board under delegated 

authority. 

Ann E. Misback, 

Secretary of the Board. 

[FR Doc. 2025–00419 Filed 1–10–25; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Parts 653 and 655 

Wage and Hour Division 

29 CFR Part 501 

[DOL Docket No. ETA–2009–0004] 

Temporary Agricultural Employment of 

H–2A Aliens in the United States; 

Ratification of Department’s Actions 

AGENCY: Employment and Training 

Administration and Wage and Hour 

Division, Department of Labor. 

ACTION: Ratification. 

SUMMARY: The Department of Labor is 

publishing notification of the Assistant 

Secretary for Employment and 

Training’s and the Administrator of the 

Wage and Hour Division’s ratification of 

the rule published February 10, 2010, 

titled Temporary Agricultural 

Employment of H–2A Aliens in the 

United States. 

DATES: This ratification was signed on 

January 7, 2025. 

FOR FURTHER INFORMATION CONTACT: 

For further information regarding 20 

CFR part 655, contact Brian Pasternak, 

Administrator, Office of Foreign Labor 

Certification, Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Room N–5311, Washington, DC 20210, 

telephone: (202) 693–8200 (this is not a 

toll-free number). 

For further information regarding 29 

CFR part 501, contact Daniel Navarrete, 

Director of the Division of Regulations, 

Legislation, and Interpretation, Wage 

and Hour Division, Department of 

Labor, Room S–3502, 200 Constitution 

Avenue NW, Washington, DC 20210, 

telephone: (202) 693–0406 (this is not a 

toll-free number). 

Individuals with hearing or speech 

impairments may access the telephone 

numbers above via Teletypewriter 

(TTY)/Telecommunications Device for 

the Deaf (TDD) by calling the toll-free 

Federal Information Relay Service at 1 

(877) 889–5627. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 4, 2009, the 

Department of Labor (‘‘DOL’’ or 

‘‘Department’’) issued a notice of 

proposed rulemaking (‘‘NPRM’’) in the 

Federal Register (‘‘FR’’) to amend its 

regulations regarding the certification of 

temporary employment of 

nonimmigrant workers employed in 

temporary or seasonal agricultural 

employment and the enforcement of the 

obligations applicable to employers of 

such nonimmigrant workers. See 

Temporary Agricultural Employment of 

H–2A Aliens in the United States, 74 FR 

45906 (Sept. 4, 2009) (‘‘NPRM’’). The 

NPRM was open for public comment for 

45 days until October 5, 2009. See 

Temporary Agricultural Employment of 

H–2A Aliens in the United States, 75 FR 

6884 (Feb. 12, 2010) (‘‘Final Rule’’). 

On February 12, 2010, DOL published 

a final rule in the FR that adopted much 

of the regulatory text proposed in the 

NPRM, with some important changes. 

See Final Rule, 75 FR at 6884. The Final 

Rule included improvements to the 

application processing procedures, 

worker protections, and program 

integrity measures. The Final Rule went 

into effect on March 15, 2010. 

Since publication of the Final Rule, a 

question has been raised in litigation 

concerning whether a separate rule, 

Adverse Effect Wage Rate Methodology 

for the Temporary Employment of H–2A 

Nonimmigrants in the Non-Range 

Occupations in the United States, 88 FR 

12760 (Feb. 28, 2023), was approved by 

the Attorney General in consultation 

with the Secretary of Labor and the 

Secretary of Agriculture. 8 U.S.C. 1188, 

Statutory Note.1 Further, on November 

25, 2024, the Secretary of Homeland 

Security, in consultation with the 

Secretary of Labor and Secretary of 

Agriculture, approved the Final Rule. 

To resolve any possible uncertainty 

with respect to the Final Rule, the 

Department, through its Assistant 

Secretary for Employment and Training 

and its Administrator of the Wage and 

Hour Division, is ratifying the Final 

Rule. Under established case law, an 

agency may, through ratification, 

‘‘purge[ ] any residual taint or prejudice 

left over from’’ a potential defect in a 

prior governmental action.2 The 

Department is issuing this ratification 

out of an abundance of caution, and this 

ratification is not a statement that the 

Final Rule is invalid absent this 

ratification. 

II. Ratification 

By virtue of the authority vested in 

the Secretary of Labor by law, including 

by the Immigration and Nationality Act 

of 1952, as amended, 8 U.S.C. 1101 et 

seq. (‘‘INA’’), and as delegated to the 

Assistant Secretary for Employment and 

Training, 75 FR 66268, and the 

Administrator of the Wage and Hour 

Division, 75 FR 55352, we are affirming 

and ratifying a prior action by Jane 

Oates, Assistant Secretary for 

Employment and Training, and Nancy 

Leppink, Deputy Administrator of the 

Wage and Hour Division. On February 

12, 2010, the Employment and Training 

Administration and the Wage and Hour 

Division published in the FR the Final 

Rule codifying amendments to the 

Department’s regulations regarding the 

certification of temporary employment 

of nonimmigrant workers employed in 

temporary or seasonal agricultural 

employment and the enforcement of the 

obligations applicable to employers of 

such nonimmigrant workers. 75 FR 6884 

(Feb. 12, 2010). 

The Final Rule was signed by 

Assistant Secretary Oates and Deputy 

Administrator Leppink. We have full 

and complete knowledge of the Final 

Rule action taken by former Assistant 

Secretary Oates and former Deputy 

Administrator Leppink. Subsequent to 

the Secretary of Homeland Security’s 

documented approval of the Final Rule 

dated November 25, 2024, in 

consultation with the Secretary of Labor 

and Secretary of Agriculture, and out of 

an abundance of caution and to avoid 

any doubt as to its validity, we have 

independently evaluated the Final Rule 

and the basis for adopting it. We have 

determined that the amendments to the 

regulations in the Final Rule are 

consistent with the Secretary of Labor’s 

statutory responsibility to certify that 

there are insufficient able, willing, and 

qualified U.S. workers available to 

perform the needed work and that the 

employment of H–2A workers will not 

adversely affect the wages and working 

conditions of workers in the United 

States similarly employed. We have also 

determined that the changes adopted in 

the Final Rule strike an appropriate 

balance between the statute’s competing 

goals of providing employers with an 

adequate supply of legal agricultural 

labor and protecting the wages of 

workers in the United States similarly 

employed by improving the H–2A 

application and temporary labor 

certification process, strengthening 

protections for workers, and enhancing 


ddrumheller on DSK120RN23PROD with RULES1
2610 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 

1On January 11, 2021, DOL transmitted to the 

Office of the Federal Register (‘‘OFR’’) a draft of an 

unpublished draft final rule covering certain 

aspects of the NPRM. On January 20, 2021, prior to 

the draft final rule being published in the FR and 

prior to OFR making it available for public 

inspection, DOL requested that OFR withdraw the 

document from processing ‘‘for the purpose of 

reviewing issues of law, fact, and policy raised by 

the rule.’’ See Announcement, U.S. Department of 

Labor Withdraws Forthcoming H–2A Temporary 

Agricultural Program Rule for Review, (Jan. 20, 

2021), https://perma.cc/CTW2-VH2U. 2Although this provision vests approval authority 

in the ‘‘Attorney General,’’ the Secretary of 

Homeland Security now may exercise this 

authority. See 6 U.S.C. 202(3)–(4), 251, 271(b), 291, 

551(d)(2), 557; 8 U.S.C. 1103(c) (2000). 3 Guedes v. Bureau of Alcohol, Tobacco, Firearms 

& Explosives, 920 F.3d 1, 13 (D.C. Cir. 2019). 

program integrity measures. We also 

agree with the Department’s 

certification that the Final Rule does not 

have a significant economic impact on 

a substantial number of small entities. 

See Final Rule, 75 FR at 6953. 

Therefore, pursuant to our authorities 

as the Assistant Secretary for 

Employment and Training and the 

Administrator of the Wage and Hour 

Division, and based on our independent 

review of the action and the reasons for 

taking it, we hereby affirm and ratify the 

Final Rule, as of January 7, 2025, 

including all regulatory analysis 

certifications contained therein. This 

action is taken without prejudice to any 

right to litigate the validity of the Final 

Rule as approved and published on 

February 12, 2010. Nothing in this 

action is intended to suggest any legal 

defect or infirmity in the approval or 

publication of the Final Rule. 

Jose ́ Javier Rodrı ́guez, 

Assistant Secretary, Employment and 

Training Administration, Labor. 

Jessica Looman, 

Administrator, Wage and Hour Division, 

Labor. 

[FR Doc. 2025–00525 Filed 1–8–25; 4:15 pm] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Parts 653 and 655 

Wage and Hour Division 

29 CFR Part 501 

[DOL Docket No. ETA–2019–0007] 

Temporary Agricultural Employment of 

H–2A Nonimmigrants in the United 

States; Ratification of Department’s 

Actions 

AGENCY: Employment and Training 

Administration and Wage and Hour 

Division, Department of Labor. 

ACTION: Ratification. 

SUMMARY: The Department of Labor is 

publishing notification of the Assistant 

Secretary for Employment and 

Training’s and the Administrator of the 

Wage and Hour Division’s ratification of 

the rule published October 12, 2022, 

titled Temporary Agricultural 

Employment of H–2A Nonimmigrants in 

the United States. 

DATES: This ratification was signed on 

January 7, 2025. 

FOR FURTHER INFORMATION CONTACT: 

For further information regarding 20 

CFR part 653, contact Kimberly Vitelli, 

Administrator, Office of Workforce 

Investment, Employment and Training 

Administration, Department of Labor, 

200 Constitution Avenue NW, 

Washington, DC 20210, telephone: (202) 

693–3980 (this is not a toll-free 

number). 

For further information regarding 20 

CFR part 655, contact Brian Pasternak, 

Administrator, Office of Foreign Labor 

Certification, Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Room N–5311, Washington, DC 20210, 

telephone: (202) 693–8200 (this is not a 

toll-free number). 

For further information regarding 29 

CFR part 501, contact Daniel Navarrete, 

Director of the Division of Regulations, 

Legislation, and Interpretation, Wage 

and Hour Division, Department of 

Labor, Room S–3502, 200 Constitution 

Avenue NW, Washington, DC 20210, 

telephone: (202) 693–0406 (this is not a 

toll-free number). 

Individuals with hearing or speech 

impairments may access the telephone 

numbers above via Teletypewriter 

(TTY)/Telecommunications Device for 

the Deaf (TDD) by calling the toll-free 

Federal Information Relay Service at 1 

(877) 889–5627. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 26, 2019, the Department of 

Labor (‘‘DOL’’ or ‘‘Department’’) issued 

a notice of proposed rulemaking 

(‘‘NPRM’’) in the Federal Register 

(‘‘FR’’) to amend its regulations 

regarding the certification of temporary 

employment of nonimmigrant workers 

employed in temporary or seasonal 

agricultural employment and the 

enforcement of the obligations 

applicable to employers of such 

nonimmigrant workers. See Temporary 

Agricultural Employment of H–2A 

Nonimmigrants in the United States, 84 

FR 36168 (July 26, 2019) (‘‘NPRM’’). The 

NPRM was open for public comment for 

60 days from July 26, 2019 until 

September 24, 2019. See id. at 36168. 

On October 12, 2022, DOL published 

a final rule in the FR that adopted much 

of the regulatory text proposed in the 

NPRM, with some significant changes. 

Temporary Agricultural Employment of 

H–2A Nonimmigrants in the United 

States, 87 FR 61660 (Oct. 12, 2022) 

(‘‘Final Rule’’).1 The Final Rule 

included improvements to the 

minimum standards and conditions of 

employment that employers must offer 

to workers, improvements to program 

integrity measures, such as program 

debarment for substantial violations of 

program requirements, revisions to the 

standards and procedures for 

determining prevailing wage rates, and 

revisions to modernize and simplify the 

temporary employment certification 

process. The Final Rule went into effect 

on November 14, 2022. 

Since publication of the Final Rule, a 

question has been raised in litigation 

concerning whether a separate rule, 

Adverse Effect Wage Rate Methodology 

for the Temporary Employment of H–2A 

Nonimmigrants in the Non-Range 

Occupations in the United States, 88 FR 

12760 (Feb. 28, 2023), was approved by 

the Attorney General in consultation 

with the Secretary of Labor and the 

Secretary of Agriculture. 8 U.S.C. 1188, 

Statutory Note.2 With respect to the 

Final Rule, prior to its issuance in 

October 2022, the Final Rule was 

provided to the Departments of 

Homeland Security and Agriculture 

through the interagency review process 

prescribed by Executive Order 12866. 

On November 7, 2024, the Secretary of 

Homeland Security, in consultation 

with the Secretary of Labor and 

Secretary of Agriculture, approved the 

Final Rule. 

To resolve any possible uncertainty 

with respect to the Final Rule, the 

Department, through its Assistant 

Secretary for Employment and Training 

and its Administrator of the Wage and 

Hour Division, is ratifying the Final 

Rule. Under established case law, an 

agency may, through ratification, 

‘‘purge[ ] any residual taint or prejudice 

left over from’’ a potential defect in a 

prior governmental action.3 The 

Department is issuing this ratification 

out of an abundance of caution, and this 

ratification is not a statement that the 

Final Rule is invalid absent this 

ratification. 

II. Ratification 

By virtue of the authority vested in 

the Secretary of Labor by law, including 


ddrumheller on DSK120RN23PROD with RULES1