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 Alert Regarding OFLC Extensions of Deadlines in Light of Damage Done by Hurricane Matthew
DOL Q&A regarding if OFLC will allow for extensions of response deadlines or other reasonable case accommodations in light of the damage done by Hurricane Matthew, stating that it will individually review requests for extensions of time to respond that arise from storm-related conditions.
Office of Foreign Labor Certification 2015 Annual Report
DOL’s Office of Foreign Labor Certification released its 2015 Annual Report on the prevailing wage determination process, permanent labor certification, and temporary nonimmigrant labor certification for FY2015.
DHS Notice of Eligible H-2A and H-2B Countries
DHS notice of the 85 countries whose nationals are eligible to participate in the H-2A program, and the 84 countries whose nationals are eligible to participate in the H-2B program. The notice is effective 1/18/17 and shall remain in effect for one year. (81 FR 74468, 10/26/16)
DOL Round 3 FAQs on H-2A Herders Final Rule
DOL Round 3 FAQs related to the filing, processing, and post-certification of H-2A Applications for Temporary Employment Certification covering the herding or production of livestock on the range.
DOL Case Processing Times
DOL’s OFLC has disclosed case processing information through its iCERT system to help employers better understand the current processing timeframes for H-2A, H-2B, Prevailing Wage, and PERM applications.
DOL Statistics on H-2As from Fourth Quarter of FY2016
DOL’s OFLC statistics on H-2As, as of 9/30/16, 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 Fourth Quarter of FY2016
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 fourth quarter of FY2016.
DOL Request for Comments on Revisions to the Domestic Agricultural In-Season Wage Report
DOL request for comments on revisions to the Domestic Agricultural In-Season Wage Report, which is used to determine the appropriate minimum wage for H-2A workers. Comments are due by 10/26/16. (81 FR 66091, 9/26/16)
OFLC Slides from Webinar on H-2B and H-2A Tips for Employers
DOL provided the slides from its 9/13/16 webinar on recent program workload trends, common deficiencies, and best practices associated with employer requests for H-2B prevailing wage determinations and applications for temporary labor certification under the H-2A and H-2B visa programs.
USCIS Performance Data on H-2A Petitions Through Third Quarter of FY2016
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 third quarter of FY2016.
Minutes from DOL H-2 Stakeholder Meeting (9/12/16)
AILA’s DOL Liaison Committee minutes from the OFLC H-2 stakeholder meeting with DOL on 9/12/16. Some topics include: OFLC reorganization, stakeholder outreach, demonstration of fulfilment of work obligations, higher meal charges, early arrival/departure, SWA inconsistencies, and temporary need.
DOL Announcement of Enhancement to iCERT System
DOL’s ETA announces a new enhancement to the iCERT system. Beginning 8/26/16, electronic documentation for H-2A and H-2B applications may be submitted both at the time of filing and while the application is pending review, which should eliminate the need to submit documents via mail, email, or fax.
LSC Notice Regarding Population Estimates for Agricultural Workers
Legal Services Corporation (LSC) notice effective 9/7/16 announcing implementation of new population estimates of agricultural workers that LSC will use for distribution of grant funds for the provision of civil legal services to these workers and their dependents. (81 FR 52461, 8/8/16)
DOL's OFLC Provides Clarification on Recent Wage Data Update
DOL’s OFLC provides clarification on the wage data update it announced on 7/1/16 regarding how Metropolitan Statistical Areas are now defined. This data set is the first to use the 2010 Bureau of Labor Statistics definitions of MSAs, as designated by the Office of Management and Budget.
DOL Webinar on Employer Filing Tips for Submitting H-2A and H-2B Applications
DOL published slides from a 6/23/16 webinar on filing tips and common deficiencies associated with the submission of applications for temporary labor certification under the H-2A and H-2B visa programs.
DOL’s OFLC Updates Prevailing Wage Data From Occupational Employment Survey
DOL alert that on 7/1/16, OFLC uploaded the newest prevailing wage data from the Occupational Employment Survey (OES) for July 2016 through June 2017. Prevailing wages issued from the National Prevailing Wage Center will reflect the new data.
DOL Statistics on H-2As from Third Quarter of FY2016
DOL’s OFLC statistics on H-2As, as of 6/30/16, including number of applications received; statistics on top states, employers, and occupations; as well as the status of applications processed.
DOL FAQs on the Form ETA-9142A, Appendix A for the H-2A Program
DOL Round 11 FAQs on the H-2A Program, on the revised Form ETA-9142A, Appendix A. Includes information on the streamlined process, what happens if the old Appendix A is submitted, and who is subject to the 2015 H-2A Herder Rule.
Minutes from DOL H-2 Stakeholder Meeting (5/24/16)
AILA’s DOL Liaison Committee minutes from the OFLC H-2 stakeholder meeting with DOL on 5/24/16. Some topics include: H-2A delays, iCERT performance issues, H-2B government errors, “good and substantial cause” for H-2B emergency filing, H-2A e-Approval process implementation, and H-2B RFE increase.
ETA Announces Streamlined H-2A Process with Procedural Change to the Form ETA-9142A, Appendix A
DOL announcement that OMB approved its request to update the Form ETA-9142A, Appendix A to reflect the regulatory requirements in the 2015 H-2A Herder Final Rule and to simplify the H-2A process for employers. Notice includes information on new process and transition procedures.
AILA Notes from SCOPS Teleconference (5/18/16)
AILA notes from a teleconference with SCOPS on 5/18/16. Topics include validity dates on approval notices, B-2 to F-1 denials, card production delivery issues, R-1 site visits, processing time issues, H-1B cap and subsequent extensions, and scam alerts.
USCIS/DOS Announcement on Launch of e-Approval for H-2A Petitions
USCIS and DOS launched e-Approval for H-2A petitions, through which beginning 5/11/16, USCIS will send approvals for H-2A petitions to DOS by the end of the next business day, in the place of a Form I-797 approval notice. Consular posts can then process an H-2A and conduct any required interview.
USCIS Will Now Use Pre-Paid Mailers to Send H-2A Receipt Notices
USCIS will begin using pre-paid mailers provided by petitioners to send out receipt notices for H-2A (temporary agricultural worker) petitions starting on 5/11/16. This is a change from standard processing at USCIS service centers, which normally use pre-paid mailers only for final decision notices.
DOL Practice Pointer: Tips for Using DOL’s Online Data Library
The DOL Liaison Committee offers a practice pointer offering tips for accessing and using the LCA, H-2A, H-2B, and PERM performance data available on the DOL’s Office of Foreign Labor Certification (OFLC) website. Special thanks to David Ware.
DOL Comment Request on the H-2A Temporary Employment Certification Program
DOL request for comments on the H-2A program regarding proposed changes to Appendix A to mirror the operational process implemented in the H–2B program and to conform to the H–2A Final Rule regarding herding and production of livestock. Comments are due by 5/4/16. (81 FR 19243, 4/4/16)