Regulatory Changes Affecting H-2A Workers

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2024 promises to bring important changes in the regulatory framework affecting H-2A workers. In April 2024, the Department of Labor finalized the Farmworker Protection Rule, a sweeping effort to increase worker protections and strengthen DOL's enforcement capacity in the H-2A program. Meanwhile, the Department of Homeland Security has proposed new rules for both the H-2A and H-2B programs which would offer workers greater flexibility and improve oversight of H-2 employers. While not addressing many structural flaws of our current temporary labor visa system, these developments represent an important advancement of workers rights in the H-2A program. This session will provide advocates with an overview of the relevant regulatory changes, their status as of the date of the conference, and their outlook in light of the next presidential administration. After developing that shared foundation among attendees, the workshop will shift to a discussion-based session where advocates will be invited to share what they are observing and hearing from workers regarding implementation of the new protections, and share strategies for ensuring the rules' effective implementation.

At the end of this session, participants will have a firm grasp of the new regulatory changes affecting H-2A workers and their current status.
At the end of this session, participants will be equipped to monitor the implementation of the new rules affecting H-2A workers in their own communities.
At the end of this session, participants will have developed tools to ensure the enforcement of the new rules affecting H-2A workers.

Shane Ross, JD

Deputy Advocacy Director

Centro de los Derechos del Migrante

Shane Crary Ross has been CDM’s Deputy Advocacy Director since September 2023. Before joining CDM, Shane was the Director of Investigations at the New York City Department of Consumer and Worker Protection’s Office of Labor Policy and Standards (OLPS), where she led a team charged with investigating and resolving violations of local worker protection laws. During her time at OLPS, Shane played a key role in the implementation of new just cause rights for fast food workers and protections for app-based delivery workers, and negotiated several six and seven-figure settlements for classes of workers impacted by fair scheduling and paid sick leave violations. Prior to OLPS, Shane worked at California Rural Legal Assistance, where she began her legal career as a Skadden Fellow and went on to manage a hotline serving workers impacted by COVID-19. Shane holds a J.D. from Berkeley Law, and is licensed to practice law in California and New York.

Carmen Martinez, B.S.

Partnership Manager

Centro de los Derechos del Migrante

Carmen Martínez is Partnerships Manager with Centro de los Derechos del Migrante, Inc., where she manages collaboration and outreach efforts between a diverse network of regional actors including community-based organizations, unions, and government officials. She was formerly a paralegal with the Southern Poverty Law Center's Immigrant Justice Project for 8 years, working on workers rights and civil rights litigation on behalf of immigrant and migrant workers. She graduated from Cornell University and holds a bachelor's degree from the School of Industrial Relations.

Alexis Guild, MPP

Vice President, Strategy and Programs

Farmworker Justice

Alexis Guild is the Vice President of Strategy and Programs at Farmworker Justice, a national farmworker advocacy organization based in Washington, DC. She has been at FJ since 2011 and currently lives in Oakland, CA. In her role, she coordinates FJ’s policy advocacy and programmatic work. She works with advocacy organizations, community health centers, farmworker community-based organizations, and legal services organizations to improve the living and working conditions of farmworkers and their families across the U.S. Alexis has extensive experience in public health and community organizing. Prior to graduate school, she served as a Health Education Volunteer with the U.S. Peace Corps in Guatemala. She has a B.A. from Wellesley College and a Master’s degree in Public Policy from the University of Michigan.

Lori Johnson, J.D.

Legal Director/Senior Attorney

Farmworker Justice

Lori Johnson is the Legal Director/Senior Attorney at Farmworker Justice after first teaming with Farmworker Justice beginning in 2023 as a legal consultant. She was previously positioned with Legal Aid of North Carolina’s statewide Farmworker Unit (FWU), where she became Managing Attorney in 2015. She has represented farmworkers in many federal and state court cases and administrative claims. She has also engaged in and a prioritized a community education program for farmworkers. Lori had been with Legal Aid of North Carolina and its predecessors since 1997 and is licensed to practice in North Carolina. A native of Wisconsin, she received her BA from the University of Wisconsin at Madison, and her JD from Northeastern School of Law in Boston, Massachusetts.