What H2A Certification Denial means to ag employers

Certification Denial in the H-2A program occurs when the Department of Labor (DOL) denies an employer's application for temporary agricultural labor certification. The denial is communicated through a Final Determination notice, which outlines the reasons for the denial, citing relevant regulatory standards. Employers have the option to request an expedited administrative review or a de novo administrative hearing before an Administrative Law Judge (ALJ) within a specified period. If the employer does not pursue these options, the denial becomes final, and no further appeals on that application will be accepted.