The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers Protection Final Rule until further notice. For now, H-2A job orders and applications will continue to be received and processed under the old rules.

Previously, DOL had decided to postpone enforcement of the rule until Aug. 28, 2024, due to pending litigation in which a court granted a preliminary injunction affecting 17 states and two other entities.

DOL stated on the date the rule was to go into effect that it was carefully reviewing the court order and assessing options.

DOL stated it plans to provide a revised transition schedule.