Third Circuit Rejects DOL’s Bid for Rehearing in H-2A Visa Fine Dispute

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H-2A DOL Bid denial

The Third Circuit Court of Appeals has refused to reconsider whether the U.S. Department of Labor (DOL) had the authority to levy more than $580,000 in penalties against Sun Valley Orchards LLC, a New Jersey-based farm accused of violating H-2A visa program regulations.

In a Wednesday order, the court denied the DOL’s bid for an en banc rehearing, leaving intact a July panel ruling that sided with the farm’s argument that it was entitled to have its case reviewed in federal court rather than through the DOL’s in-house administrative process.

The court gave no explanation for its denial, signaling a quiet but significant setback for the agency’s push to maintain control over enforcement proceedings within its own administrative framework.

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The Farm’s Fight Over Fair Process

The dispute stems from a 2021 lawsuit filed by Sun Valley Orchards, which accused the DOL of blocking its right to a fair trial after the agency imposed over half a million dollars in fines for alleged H-2A visa program violations.

The H-2A program allows farms to hire temporary foreign agricultural workers, but the DOL claimed Sun Valley failed to meet federal labor standards tied to that program.

A Third Circuit panel in July found merit in the farm’s argument, holding that it could challenge the DOL’s administrative process in court — a ruling that effectively limited the department’s reach over internal enforcement.