The Labor Department is releasing a final rule that reverses many of changes made under the Bush administration to the H-2A agricultural guest worker program. The rule is scheduled for publication in the Feb. 12 Federal Register. It appears the final rule keeps in place almost all of the changes that were included in the proposed rule issued in September 2009. It makes several key changes, including reversing the attestation-based system created by the 2008 H-2A rule and returning to the adverse-effect wage rate as the basis for determining the required wage rate for H-2A workers. The biggest change from the proposed to the final rule is that forestry workers, such as tree planters, will not be included as H-2A eligible workers although they would have been covered under the proposed rule. There is no cap for the H-2A program.