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 Announces Extension of Comment Periods for Proposed Changes to H-2A and H-2B Recruitment Requirements
DOL announced that in response to requests to extend the comment periods through 12/28/18 for both the DOL proposed rule on H-2A recruitment requirements and the joint DOL and DHS rule on H-2B recruitment requirements.
Extension of Comment Period for DOL Proposed Rule on Modernizing Recruitment Requirements for H-2A Workers
DOL extension of the comment period on a proposed rule on modernizing recruitment requirements for H-2A workers by replacing the currently required print newspaper advertisements with electronic advertisements. Comments are now due 12/28/18. (83 FR 63456, 12/10/18)
DOL Announces iCERT Enhancements in the H-2A and H-2B Programs
DOL announced changes to the iCERT system related to the submission of applications for temporary labor certification under the H-2A/H-2B programs. These changes include data validation checks designed to assist employers in preparing applications with the required form fields and instructions.
DOL Proposed Rule on Modernizing Recruitment Requirements for H-2A Workers
DOL proposed rule on modernizing recruitment requirements for H-2A workers by replacing the currently required print newspaper advertisements with electronic advertisements. Comments are due 12/10/18. (83 FR 55985, 11/9/18)
DOL Notice of Availability and Request for Comments on Form ETA-9127
DOL notice of availability and request for comments on revisions to Form ETA-9127, which solicits information from State Workforce Agencies (SWAs) who are recipients of foreign labor certification grants. Comments are due 12/3/18. (83 FR 54942, 11/1/18)
DOL Notice and Request for Comments on Proposed Revisions to Form ETA-9142A and Related Forms
DOL notice and request for comments on proposed revisions to Form ETA-9142A, H-2A Application for Temporary Employment Certification, and related forms. Comments are due 12/24/18. (83 FR 53911, 10/25/18)
DOL Announces Publication of 60-Day Notice for Information Collection Related to the H-2A Program
DOL announced that it published a 60-day notice in the Federal Register announcing its intent to revise application forms, instructions, and other information collected under the H-2A visa program, and provides the proposed new forms. Comments are due 12/24/18.
DOL Announces iCERT Changes for H-2A and H-2B Visa Programs
DOL announced that beginning on and after Tuesday, October 30, 2018, the iCERT system will require employers submitting H-2A and H-2B applications to complete required data fields in accordance with form instructions.
DOL Statistics on H-2As from Fourth Quarter of FY2018
DOL’s OFLC statistics on H-2As, as of 9/30/18, including number of applications received; statistics on top states, employers, and occupations; as well as the status of applications processed.
AILA Provides Notes from DOL H-2 Stakeholder Meeting (9/26/18)
AILA’s DOL Liaison Committee provides unofficial notes from the DOL OFLC’s H-2 stakeholder meeting on 9/26/18. Topics covered include current staffing and workload, the H-2B filing process for January 2019, H-2A housing inspections, and the iCert Visa Portal System, among others.
DOL Provides PowerPoint Presentation on H-2As
DOL provided the PowerPoint presentation from a 8/23/18 webinar designed to provide both employer filing tips and best practices for H-2A labor certification applications.
DOL Notice and Request for Comments on Extension of H-2A Recordkeeping Requirement
DOL published notice of availability and request for comments on the extension of information collection request for H-2A Recordkeeping Requirement. Comments must be submitted by October 22, 2018. (83 FR 42698, 8/23/18)
H.R. 6417: AG and Legal Workforce Act
On 7/13/18, Representatives Bob Goodlatte (R-VA), Peterson (D-MN), Smith (R-TX), Cueller (D-TX), Newhouse (R-WA), Conaway (R-TX), and Calvert (R-CA) introduced the AG and Legal Workforce Act to replace the H-2A program with a new H-2C program and repeal the I-9 system to replace with E-Verify.
DHS Final Rule Eliminating Nonimmigrant Visa Exemption for Certain Caribbean Residents Using H-2A Program
DHS issued a final rule, adopting a 2/8/16 interim final rule as final, that eliminated the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the U.S. as H-2A agricultural workers. Rule is effective on 8/6/18. (83 FR 31447, 7/6/18)
DOS Final Rule on Documentation of Nonimmigrants Under the INA
DOS issued a final rule finalizing changes regarding the requirement of a passport and a visa to certain Caribbean nationals coming to the U.S. through the H-2A program, requiring them to enter with a H-2A visa. Rule is effective 8/6/18. (83 FR 31451, 7/6/18)
DOL Statistics on PWDs from Third Quarter of FY2018
DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 6/30/18, including number of applications received, top employers and occupations for PERM, H-1B, and H-2B, as well as number of determined, withdrawn, and pending prevailing wage actions.
DOL Statistics on H-2As from Third Quarter of FY2018
DOL’s OFLC statistics on H-2As, as of 6/30/18, including number of applications received; statistics on top states, employers, and occupations; as well as the status of applications processed.
DOL Comment Request on Form ETA-9127
DOL comment request for information collection from Form ETA-9127, Foreign Labor Certification Quarterly Activity Report. Comments are due by 8/20/18. (83 FR 28866, 6/21/18)
AILA Provides Notes from DOL H-2 Stakeholder Meeting (6/5/18)
AILA provided unofficial notes from the DOL Liaison Committee’s 6/5/18 OFLC H-2 stakeholder meeting with DOL. Topics include: weather-related delays to the start date of need, foreign background checks, H-2B filing process for the 2nd half of FY2019, and the iCert Visa Portal System, among others.
AILA Notes from DOL Wage and Hour Division (WHD) Meeting (5/23/18)
Unofficial notes from the AILA DOL Liaison Committee’s 5/23/18 meeting with DOL Wage and Hour Division. Topics include WHD staffing, LCA Fact Sheets, effectuating a bona fide termination, super penalty, H-2 compliance, U and T visa certifications, and more.
Practice Pointer: U.S. Department of Labor OFLC Help Desk Contact Information
AILA’s Department of Labor (DOL) Liaison Committee provides a compilation of the DOL Office of Foreign Labor Certification (OFLC) Help Desk contact information for the PERM, Temporary (LCA, H-2A, H-2B, D-1), and Prevailing Wage programs.
DOL Statistics on H-2As from Second Quarter of FY2018
DOL’s OFLC statistics on H-2As, as of 3/31/18, including number of applications received; statistics on top states, employers, and occupations; as well as the status of applications processed.
USCIS Performance Data on H-2A Petitions for Second Quarter of FY2018
USCIS statistics on I-129 H-2A petitions, broken down by case status (received, approved, denied, or pending) and petitioner location (by state and company) for the second quarter of FY2018 (1/1/18-3/31/18)
DOL Notice on Allowable Charges for H-2A Workers and Meal Reimbursements for H-2A and H-2B Workers
DOL notice for 2018 on the allowable charges that employers may charge H-2A agricultural workers when the employer provides three meals a day, as well as the maximum travel subsistence meal reimbursement that an H-2A or H-2B worker may claim. (83 FR 12410, 3/21/18)
AILA Notes from DOL H-2 Stakeholder Meeting (3/13/18)
Unofficial notes from the AILA DOL Liaison Committee’s 3/13/18 OFLC H-2 stakeholder meeting with DOL. Topics include: H-2B filings for the 2nd half of FY2018, recruitment reports, start date of need, UPS Ship Notifications, and Sunday newspaper ads, among others.