A federal district court in Mississippi found the U.S. Department of Labor (DOL) lacked the authority to issue certain parts of regulations of the H-2A visa program it issued in April 2024.

The provisions that have been overturned were parts of that rule, including requiring agricultural employers to allow temporary foreign farmworkers to unionize. The judge issued a stay of the regulations effective date, precluding the DOL from enforcing the regulations nationwide. U.S. Apple Association (USApple) is a plaintiff in the case, along with several other agricultural organizations.

“Apple growers rely on the H-2A guest worker program to bring America’s favorite fruit to market. The new DOL rule would have added administrative costs for growers at a time when they are already struggling. We applaud the court’s decision,” said Jim Bair, USApple President & CEO.

This ruling follows an August decision in Georgia which enjoined the rule in its entirety in the 17 states that brought that suit. In response, the DOL decided to continue to enforce the regulations in the other 33 states not covered by that court’s injunction.

“It’s a relief that logic and common sense have prevailed,” said Brett Baker, United Apple Sales and Chairman of the USApple Board of Directors. “It’s now time for the Department of Labor to formally scrap it.” 

USApple submitted formal comments when the regulations were first proposed by DOL, questioning the lawfulness of the proposed regulations and also raising many practical concerns about the added administrative burdens and expenses.