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
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)
OFLC Provides FAQs on Major Disaster Hurricane Helene Impacted Areas
DOL's OFLC provides FAQs after Hurricane Helene. Topics include communication, deadline and timeframe flexibility, impact of worksite relocations on LCAs, PERM Notice of Filings, and more.
OFLC Provides FAQs on Major Disaster in Vermont
DOL's OFLC provides FAQs on Major Disaster Vermont Severe Storms, Flooding, Landslides, and Mudslides Impacted Areas. Topics include communication, deadline and timeframe flexibility, impact of worksite relocations on LCAs, PERM Notice of Filings, and more.
DOL General Notice for Emergency Request to Reinstate H-2A Forms
DOL general notice on the reinstatement of prior approved forms affecting the H-2 Temporary Agricultural Labor Certification Program and Agricultural Recruitment System. The emergency request will allow DOL to utilize prior approved Forms ETA 790, 790A, 790B, and 9142A. (89 FR 73725, 9/11/24)
DOL Provides Revised H-2A Transition Schedule
DOL announces a revised transition schedule and technical guidance for the implementation of H-2A job orders and receiving and processing of H-2A applications associated with the 2024 Farmworker Protection Final Rule in compliance with a district court order.
DOL Announces Delay in Transition Schedule for Implementing the 2024 H-2A Final Rule
Due to ongoing litigation, OFLC will continue to receive and process H-2A job orders and applications in accordance with 20 CFR part 655, subpart B in effect as of the calendar day before the effective date as stated in the Farmworker Protection Rule.
DOL Alert on the Implementation of the Worker Protection Rule
DOL posted an alert regarding the H-2B final rule, Improving Protections for Workers in Temporary Agricultural Employment in the United States. The Worker Protection Rule is effective on 6/28/24, and applies to all H-2A applications submitted on or after 12:00 am (ET) on 8/29/24.
DOL Materials from 2024 H-2A Farmworker Protection Final Rule Webinar (8/21/24)
DOL provides the materials from its webinar on 8/21/24 to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule.
DOL Materials from 2024 H-2A Farmworker Protection Final Rule Webinar
DOL provides the materials from its webinar on 8/7/24 discussing changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule, including helpful tips on the new forms, filing instructions, and an explanation of the transition process.
DOL FAQs on H-2A 2024 Final Rule
DOL provides FAQs on the H-2A final rule, Improving Protections for Workers in Temporary Agricultural Employment in the United States, effective June 28, 2024. On August 26, 2024, a district court issued a preliminary injunction prohibiting DOL from enforcing the rule in certain states.
OFLC Announces Updates to H-2A Prevailing Wage Rates in Washington State for Non-Range Occupations
DOL posted a notice that H-2A job orders for work to be performed in the State of Washington on or after July 3, 2024, must use the prevailing wage rate available if it is the highest applicable wage rate.
DOL Notice of Updates to the Adverse Effect Wage Rates for H-2A Workers
DOL notice of updates to the Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers). These rates are applicable starting July 8, 2024. (89 FR 52512, 6/24/24)
DOL Solicits Input for the Annual Determination of Labor Supply
The 2022 H-2A Final Rule, effective November 14, 2022, introduced a new process to determine labor supply states (LSS). The OFLC Administrator asks for input on LSS and recruitment methods to identify areas with qualified workers. OFLC welcomes specific information by August 13, 2024.
Practice Pointer: Implementation of DOL’s H-2A Final Rule Improving Worker Protections
The DOL Liaison Committee’s H-2 subcommittee provides the following summary, analysis, and key takeaways for the DOL’s H-2A Farmworker Protection Final Rule effective on June 28, 2024.
Key Takeaways from the Annual Conference DOL Open Forum
The DOL Committee provides key takeaways from the DOL Open Forum Panel held during the AILA Annual Conference on June 13, 2024.
DOL Provides Resources from Webinar on 2024 H-2A Farmworker Protection Final Rule
DOL provides the slides and a recording from its 6/6/24 webinar on the 2024 H-2A Farmworker Protection Final Rule. The Final Rule will become effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.
DOL Ratification of H-2A Adverse Effect Wage Rate Methodology
DOL published a notification of the ratification of the rule published February 28, 2023, on the adverse effect wage rate methodology for H-2A workers. Ratification was signed on May 3, 2024. (89 FR 38838, 5/8/24)
DOL Flyers: Protections for Workers Employed Under the H-2A Program
DOL provides a flyer that summarizes legal protections and requirements for workers employed under the H-2A program. DOL also provides a flyer for U.S. workers under the H-2A program. DOL published these flyers in response to its 2024 Final Rule on Workers in Temporary Agricultural Employment.
AILA DOL Liaison Committee Meets with DOL Wage and Hour Division (4/30/24)
AILA DOL Liaison Committee met with DOL's Wage and Hour Division on 4/30/24 to discuss issues such as H-2B and H-2A investigations off, pre-employment activities, different scenarios an employer may face when employing H-2B and H-2A employees, and more. Read the unofficial minutes and the agenda.
DOL Final Rule on Workers in Temporary Agricultural Employment
DOL issued a final rule on the temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of these nonimmigrant workers. The rule is effective June 28, 2024. (89 FR 33898, 4/29/24)