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 iCERT Quick Start Guide
DOL iCERT Quick Start guide for external users, dated 7/23/14, with information and instructions on the new enhanced password requirements.
DOL Online Research Tools and Information Sources
The AILA DOL Liaison Committee provides a compiled list of online research tools and information sources for DOL, including DOL resources on PWDs, LCAs, nonimmigrant categories, and more.
DOS Cable on Revised Reciprocity Fee Schedule for Belarus
DOS cable, effective immediately, with a revised reciprocity fee schedule for Belarus, for various nonimmigrant visa categories. All visa validities for nationals of Belarus will remain unchanged.
DOL Statistics on H-2As from FY2014 Third Quarter (6/30/14)
DOL’s OFLC statistics on H-2As as of 6/30/14, including number of applications received, top states, and employers, as well as the status of applications processed.
USCIS Performance Data on H-2A Petitions for Third Quarter of FY2014
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 FY2014.
DOL Open Forum Notes from AILA's Annual Conference (6/20/14)
DOL Liaison Committee provides notes from the DOL Open Forum at AILA’s Annual Conference on 6/20/14. Topics include: prevailing wage issues, including the “all other” SOC code and ACWIA designation, listing beneficiary qualifications on the 9089, audit tiers, the Help Desk, and case consolidation.
Court Says DOL TEGLs Are Rules Subject to Notice and Comment Requirements
The court found the plaintiffs entitled to summary judgment, as the 2011 Training and Employment Guidance Letters (TEGLs) providing rules for certain H-2A certifications are legislative rules and DOL violated the APA by promulgating them without notice and comment. (Mendoza v. Perez, 6/13/14)
CSC Liaison Notes from CSC Open House (6/11/14)
AILA CSC Liaison Committee’s unofficial notes from the 6/11/14 CSC Open House. Topics include: cap-subject H-1B petitions for FY2015, H-1B extensions, denials of O-1 petitions, J-1 waivers, updated contact information for CSC, L-1As, I-130 process, RFEs, NOIDs, and G-28s.
USCIS PowerPoint from June 2014 CSC Open House on CSC Employment Branch
USCIS PowerPoint from 6/11/14 California Service Center (CSC) Open House on a general overview of the CSC Employment Branch.
DOL Statistics on H-2As from FY2014 Third Quarter
DOL’s OFLC statistics on H-2As as of 5/24/14, including number of applications received, top states, and employers, as well as the status of applications processed.
USCIS Performance Data on H-2A Petitions for Second Quarter of FY2014
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 FY2014.
USCIS Performance Data on H-2A Petitions for First Quarter of FY2014
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 first quarter of FY2014.
Court Orders DOL to Comply with Deadlines for H-2A/H-2B Labor Certifications
The court held that the 7 day deadline for issuing a notice of deficiency or acceptance in H-2A and H-2B cases is mandatory and granted a preliminary injunction compelling DOL to comply with the deadline and issue a certification if the employer meets the criteria. (ILM v. Perez, 4/25/14)
USCIS Straight From the Source Newsletter, April/May 2014
USCIS April/May 2014 issue of Straight from the Source newsletter, including information on the new mandatory Form N-400, Haitian TPS and extended re-registration period, H-1B premium processing, updated countries participating in H-2A and H-2B programs, ABT revised settlement agreement, and more.
DOL Statistics on H-2As from Second Quarter of FY2014
DOL’s OFLC statistics on H-2As as of 3/31/14, including number of applications received, top states and employers, as well as the status of applications processed.
Minutes from DOL Stakeholder Meeting (4/9/14)
AILA minutes from the 4/9/14 meeting with DOL. Topics included processing times, prevailing wage determinations including ACWIA wages, PERM advertising, supervised recruitment, Section K PERM denials and mechanism for addressing such denials, LCAs, H-2As, H-2Bs, and area of intended employment.
CSC Quarterly Stakeholders Newsletter (3rd Quarter 2014)
CSC quarterly stakeholders newsletter for the 3rd quarter of 2014, including H-2A and H-2B best practices, I-130 filing tips and best practices, and a save the date announcement for the next CSC open house on 6/11/14.
USCIS Performance Data on H-2A Petitions for Fourth Quarter of FY2013
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 fourth quarter of FY2013.
DOS Extension of Comment Period for DS-160
DOS extension of the comment period for an additional 30 days for the Online Application for Nonimmigrant Visas (DS-160). Comments are now due 4/14/14. (79 FR 14566, 3/14/14)
ALJ Rules on “Prevailing Practice” to Provide H-2A Family Housing in Oregon
The ALJ reversed the denial of the H-2A temporary labor certification, rejecting the Oregon SWA’s contention that the FHA and Oregon case law create a “prevailing practice” for farm labor family housing when an SWA-conducted survey indicated otherwise. (Matter of Adelsheim Vineyard, 3/7/14)
DOL Notice of 2014 Allowable Charges for H-2A Workers
DOL notice of allowable charges for 2014 that employers seeking H-2A workers may charge their workers. Notice includes a reminder regarding employers’ obligations with regards to overnight lodging costs as part of the required subsistence. (79 FR 12528, 3/5/14)
DOL Alert: iCERT Now Requires Encrypted Connection
DOL alert that the iCERT system now requires an encrypted connection and has a new URL address.
DOL Alert: Deactivation of Select H-2A and H-2B E-mail Boxes
DOL alert that the OFLC Chicago National Processing Center will deactivate several H-2A and H-2B e-mail boxes on 2/3/14. H-2A employers who need to request amendments/extensions or submit notices of abandonment/terminations must use the TLC.Chicago@dol.gov e-mail. Fax and mailing address provided.
DHS February 2014 Report on Size and Characteristics of Resident Nonimmigration Population
DHS report with estimates of size and characteristics of the resident nonimmigrant population (foreign nationals legally admitted for specific, temporary purposes and whose classes of admission are associated with residency, e.g., students and temporary workers) between 7/1/11 and 6/30/12.
Grand Jury Indictment Charges Company in Temporary Worker Fraud Scheme
The grand jury handed down a 41-count indictment against the International Labor Management Corporation, alleging fraudulent activity that included falsifying visa petitions to obtain extra H-2Bs and petitioning for H-2A visas knowing that workers would not engage in agricultural work.