Featured Issue: Resources for H-2A Practice at DOL, USCIS, and DOS
The AILA Department of Labor (DOL) Liaison Committee provides a resource page with links to legal authorities, agency guidance and publications, and AILA resources and publications helpful for H-2A practice.
Legal Authorities
- INA 101(a)(15)(H) Noncitizens coming temporarily to the United States to perform services
- 8 CFR 214.2(h) Temporary employees
DOL-OFLC Guidance
- H-2A Temporary Agricultural Program
- H-2A Program Flow Chart
- H-2A Application and Appendix Forms (most current versions including parties subject to Kansas litigation)
- H-2A Temporary Certification for Agriculture Workers
- H-2A Adverse Effect Wage Rates (AEWR)
- Agricultural Online Wage Library
- H-2A Meals & H-2A and H-2B Subsistence Rates
- H-2A Frequently Asked Questions (FAQs)
- OFLC Searchable Database of FAQs
- Processing Times for Prevailing Wage Determinations and H-2A, H-2B Applications
- State Workforce Agency (SWA) and National Processing Center Contacts
- H-2A Labor Supply State Determinations
- Prevailing Wage Surveys 2022 H-2A Final Rule
Farmworker Protection Rule
- DOL Final Rule
- FAQs on the Farmworker Protection Rule
- H-2A Employers Guide to the Farmworker Protection Rule
- Materials from DOL Webinar on Farmworker Protection Rule
Litigation To Block Farmworker Protection Rule
- U.S. District Court (GA) ruling blocking enforcing Farmworker Protection Rule in 17 states “Kansas Litigation”
- North Carolina Farm Bureau Federation complaint to block Farmworker Protection Rule
- DOL General Notice for Emergency Request to Reinstate H-2A Forms
DOL-WHD
- Wage and Hour Regulatory Library: H-2 (Temporary Nonagricultural Labor or Services) Program and Guidance Documents
- Section 1188 — Admission of Temporary H2A Workers
- H-2A WHD Fact Sheets
- H-2A Workers Rights Card for U.S. Workers
- Workplace Poster: Employee Rights Under the H-2A Program (English)
- Agricultural Transportation Safety
- Transportation Safety Checklist
- ETA Housing Safety and Health Checklist
- Wage and Hour Fact Sheets
- H-2A Employee Rights Poster
USCIS/DHS Guidance
US DOS Guidance
- Foreign Affairs Manual
9 FAM 402.10-4(D) H-2A Nonimmigrants
9 FAM 402.10-8(D) Effect of DOL Revocation for H-2A Beneficiaries
9 FAM 402.10-12 Length and Extension of Stay
9 FAM 402.10-13(B) H-2A, H-2B Nonimmigrants Maximum Allowable Time
AILA Publications:
- The Seasonal Visas: H-2A and H-2B: Temporary Yet Essential Workers Immigration Practice Pointers, 2024-25 Ed. (AILA 2024) by Loan T. Huynh, L.J. D’Arrigo, Ashley Foret Dees, and Ed White (AILA 2024)
- H-2A and H-2B Practice: What Are We So Afraid Of? Immigration Practice Pointers, 2021-22 Ed. (AILA 2021), by Loan T. Huynh, L.J. D’Arrigo, Ashley Foret Dees, and Sujata Ajmera
Alerts
- DOL Announces Delay in Transition Schedule for Implementing the 2024 H-2A Final Rule
- DOL Alert on the Implementation of the Worker Protection Rule
- DOL Notice of Updates to the Adverse Effect Wage Rates for H-2A Workers
- Practice Pointer: Implementation of DOL’s H-2A Final Rule Improving Worker Protections
Browse the Featured Issue: Resources for H-2A Practice at DOL, USCIS, and DOS collection
DOL Ratification of H-2A Rule on Range Herding and Production of Livestock
DOL published notification of the Assistant Secretary for Employment and Training's ratification of the rule published 10/16/15 titled “Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States.” (90 FR 3626, 1/15/25)
USCIS Issues Reminder on New H-1B Final Rule, H-2 Final Rule, and Revised Form I-129
USCIS reminds stakeholders that DHS's H-1B final rule and H-2 final rule take effect on 1/17/25. USCIS will also publish a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on 1/17/25. The 01/17/25 edition of Form I-129 goes into effect on 1/17/25 with no grace period.
DOL Ratification of H-2A Final Rule
DOL published a notification of the Assistant Secretary for Employment and Training’s and the Administrator of the Wage and Hour Division’s ratification of the rule published 10/12/22 titled Temporary Agricultural Employment of H–2A Nonimmigrants in the United States. (90 FR 2610, 1/13/25)
Practice Alert: H-2 Related Changes to the Revised Form I-129
The H-2 Subcommittee of AILA’s DOL Liaison Committee provides the following Practice Alert regarding the new H-2 related questions added to the revised Form I-129, Petition for a Nonimmigrant Worker, effective 1/17/25.
Practice Pointer: DOL OFLC Provides Updates at PLI Conference
OFLC representatives attended the Practicing Law Institute immigration law conference on December 4, 2024. AILA's DOL Liaison Committee also participated in the conference and provided OFLC's answers to questions raised during it.
Practice Alert: Key Takeaways from the H-2 Modernization Final Rule
The AILA DOL Liaison H-2B subcommittee offers key takeaways from the H-2 Modernization Final Rule.
USCIS to Release Revised Form I-129
USCIS will release a revised Form I-129, Petition for a Nonimmigrant Worker, on 1/17/25, aligning with the H-1B and H-2 modernization rules. The new form will replace the 4/01/24 edition, which will be rejected after 1/17/25. No grace period is provided.
DOL Announces Additional Guidance Based on Court Orders on the 2024 Farmworker Protection Final Rule
DOL provided additional guidance after litigation in Barton v. DOL prevented DOL from implementing certain provisions of the Farmworker Protection Rule in certain states.
DHS Final Rule on Modernizing the H-1B Program
DHS final rule amending its regulations to modernize the H-1B requirements, provide flexibility in the F-1 program, and program improvements affecting other nonimmigrant workers. Rule is effective 1/17/25. (89 FR 103054, 12/18/24)
DHS Final Rule on Modernizing the H-2 Programs
DHS final rule amending its regulations affecting the H-2A and H-2B programs and their employees. Rule is effective 1/17/25. (89 FR 103202, 12/18/24)
Practice Alert: Barton v. DOL Injunction and its Impact on H-2As
The H-2 Subcommittee of AILA’s DOL Liaison Committee provides a practice alert regarding the filing of Forms ETA790A and ETA9142A in light of the November 25, 2024, preliminary injunction in Barton, et al. v. U.S. Department of Labor, et al.
Practice Alert: H-2 Modernization Final Rule Published December 18, 2024
AILA’s DOL Liaison Committee provided a practice alert summarizing the key takeaways from the H-2 Modernization Final Rule published on December 18, 2024.
Commonsense Workforce-Focused Changes as Biden Administration Wraps Up
AILA highlights three recent Biden Administration workforce-focused rules, noting they “will bolster the integrity of these programs and help both employers and employees navigate what can often be an uncertain amalgam of immigration laws and policies.”
Practice Alert: H-1B Modernization Final Rule to be Published on December 18, 2024
AILA's USCIS Benefits Policy Committee provides a Practice Alert on the Publication of the H-1B Modernization Final Rule.
DOL Notice of 2025 Adverse Effect Wage Rate for Range Occupations
DOL notice of the adverse effect wage rate for workers engaged in the herding or production of livestock on the range, effective 1/1/25. (89 FR 101630, 12/16/24)
DOL Notice of 2025 Adverse Effect Wage Rate for Non-Range Occupations
DOL notice of the adverse effect wage rate for workers engaged in the employment of temporary or seasonal nonimmigrant workers (H–2A workers) to perform agricultural labor or services other than the herding or production of livestock on the range, effective 12/16/24. (89 FR 101628, 12/16/24)
USCIS 30-Day Request for Comments on H-2 Forms
USCIS 30-day notice with request for comments on Form I-129N, H–2 Petitioner’s Employment-Related or Fee-Related Notification. Comments are due by 1/8/25. (89 FR 97647, 12/9/24)
DOL and EEOC Announce Webinar for H-2A and H-2B Filers on Anti-Discrimination Compliance
The U.S. Department of Labor, in partnership with the EEOC, will host a webinar on 12/9/24, for H-2A and H-2B filers to discuss their responsibilities under anti-discrimination laws. The session will cover federal compliance, unlawful practices, and enforcement procedures.
District Court Enjoins DOL from Implementing Certain Parts of New Final Rule on H-2A Program
The district court enjoined and restrained DOL from implementing, enacting, or enforcing certain parts of its 4/29/24 final rule that made numerous changes to the H-2A program. The injunction is effective in Kentucky, Alabama, Ohio, and West Virginia. (Barton, et al. v. DOL, et al., 11/25/24)
Featured Issue: Resources for H-2A Practice at DOL, USCIS, and DOS
AILA’s DOL Liaison provides a resource page with links to legal authorities, agency guidance and publications, and AILA resources and publications helpful for H-2A practice.
DHS Notice Identifying Eligible Countries for the H-2A and H-2B Programs
DHS notice identifying foreign countries whose nationals are eligible to participate in the H-2A and H-2B nonimmigrant worker programs. Notice is effective from 11/7/24 to 11/8/25. (89 FR 88799, 11/8/24)
Practice Pointer: Demystifying VIBE
AILA’s HIAA and DOL Liaison Committees provide a resource concerning the VIBE program utilized by USCIS and DOL.
OFLC Announces Annual Determination of H-2A Labor Supply States
Pursuant to 20 CFR 655.154(d), the OFLC Administrator announced the annual determination of H-2A labor supply states (LSS). LSS are additional states in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required.
OFLC Provides FAQs on Major Disaster Hurricane Milton Impacted Areas
DOL's OFLC provides FAQs after Hurricane Milton. Topics include communication, deadline and timeframe flexibility, impact of worksite relocations on LCAs, PERM Notice of Filings, and more.
USCIS 60-Day Notice on H-2 Form I-129N
USCIS 60-day notice of request for comments on Form I-129N, H–2 Petitioner’s Employment-Related or Fee-Related Notification. Comments are due by 12/2/24. (89 FR 80589, 10/3/24)