Ky. Farm Sues DOL Over H-2A Temporary Farmworker Visa Program
· WOWERI
A Kentucky farm has sued the US Department of Labor, claiming its in-house adjudication system for H-2A temporary farmworker visa program violations is unconstitutional. The lawsuit challenges the DOL's role as prosecutor, judge, and jury.
Introduction
A Kentucky farm has sued the US Department of Labor, claiming its in-house adjudication system for H-2A temporary farmworker visa program violations is unconstitutional. The lawsuit challenges the DOL's role as prosecutor, judge, and jury.
H-2A Program
The H-2A program allows farmers to hire temporary foreign workers for seasonal agricultural work. However, the program has several requirements and restrictions, including the need for a special visa and compliance with certain labor conditions.
Lawsuit
The farm's lawsuit claims that the in-house adjudication system for H-2A program violations is unconstitutional because the DOL acts as prosecutor, judge, and jury. The farm argues that this violates the principle of separation of powers and the principle of fair trial.
Conclusion
The lawsuit by the Kentucky farm against the DOL is an important event in the field of immigration law. The outcome of this lawsuit may have significant implications for the H-2A program and the rights of farmers and foreign workers.
What to do next
- H-1B Work Visa — Order
- Application for Employment Authorization — Order
Not sure it fits? Consultation $150
Source: law360.com