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 on H-2A/H-2B Ombudsman Customer Service Survey
DOL alert announcing a new online survey for stakeholders to provide feedback on their experiences with the H-2A and H-2B Ombudsman Program.
DOS Cable with Revised Reciprocity Schedule for Armenia
A 9/23/13 DOS cable with a revised nonimmigrant reciprocity fee schedule for Armenia, effective 9/19/13.
AILA Comments on Proposed Changes to Form I-129
AILA’s comments in response to proposed revisions to Form I-129, Petition for a Nonimmigrant Worker, and accompanying instructions. Special thanks to Dagmar Butte, Steve Navarre, and Punam Rogers.
DHS Report on Nonimmigrant Admissions to the U.S. During 2012
DHS August 2013 Annual Flow Report on nonimmigrant admissions to the U.S. during 2012, including definitions and comparisons from 2010, 2011, and 2012 on admission by class, country of citizenship, port of entry, and destination state.
AILA Resources on I-94 Automation (Updated 7/31/13)
AILA liaison provides a list of resources found on InfoNet and related to CBP’s automation of Form I-94.
OFLC Performance Data Website
DOL Office of Foreign Labor Certification (OFLC) program information website with annual reports, selected statistics by program, and cumulative quarterly and annual releases of program disclosure data to assist with external research and program evaluation.
DOL Statistics on H-2A Program for Third Quarter of FY2013
DOL Office of Foreign Labor Certification factsheet with statistics on the H-2A program for the third quarter of FY2013.
USCIS Notice of Proposed Changes to Form I-129 (Updated 10/24/13)
USCIS notice of additional 30 days of information collection on the Petition for a Nonimmigrant Worker, Form I-129. Comments are now accepted through 11/25/13. (78 FR 63487, 10/24/13) (78 FR 40490, 7/5/13)
DOL New Online iCERT Labor Certification Registry Is Now Live
DOL announced that its new online tool called the iCERT Labor Certification Registry is now live, making available to the general public appropriately redacted copies of H–1B, H–1B1, E–3, H–2A, H–2B and permanent labor certification documents.
DOL Practice Alert: Public Labor Certification Registry Is Now Live
The AILA DOL Committee alerts members to the recent DOL announcement regarding the new Labor Certification Registry (LCR). The committee provides search tips, and seeks feedback from members on their experiences searching the registry as well as their opinions on privacy concerns.
SSA POMS on Employment Authorization for Non-Immigrants
SSA’s RM 10211.420, dated 7/5/13, updates policies for non-immigrant employment authorization, including evidence proving a non-immigrant’s employment authorization, validity periods, automatic EAD extensions, and policies for employment authorization by class of admission.
GAO Report on Need for Improved Transparency and Reliability of H-2A Program Data
U.S. Government Accountability Office (GAO) 7/2/13 letter to DOL on recommendations to improve the transparency and reliability of DOL’s data on the H-2A program, as DOL’s annual performance reports sometime differed from its public data files posted on its website.
DOL Statistics on H-2A Program for Third Quarter of FY2013
DOL Office of Foreign Labor Certification factsheet with statistics on H-2A temporary agricultural visa program for the third quarter of FY2013 through June 15, 2013.
USCIS Data on H-2A Cases Received Through 3/31/13
USCIS statistics on H-2A receipts, approvals, and denials, broken down by fiscal quarters and state. Data is for cases received between 10/1/13 and 3/31/13.
AILA’s Take on Business Issues in S. 744
A summary of the business provisions included in S. 744 as voted out of the Senate Judiciary Committee.
House Committee Hearing on H.R. 1772 and 1773
Two hearings on 5/16/13 with the House Subcommittee on Immigration and Border Security of the Judiciary Committee, H.R. 1772, the “Legal Workforce Act” and H.R. 1773, the “Agricultural Guestworker Act.”
AILA Comments on I-94 Automation
AILA's comments on the CBP interim final rule "Definition of Form I-94 to Include Electronic Format," which automates Form I-94 and changes the process of documenting the admission or parole of certain individuals. Special thanks to the AILA CBP and Verification committees.
H.R. 1773 – The Agricultural Guestworker Act (Updated 4/9/14)
On 4/26/13 Rep. Goodlatte (R-VA) introduced H.R. 1773 “The Agricultural Guestworker Act” of 2013.
Practice Pointer: Filing Procedures for Nonimmigrant Waivers (Updated 4/15/13)
AILA CBP liaison practice pointer explains how and why an applicant would apply for a nonimmigrant waiver at a consulate or embassy abroad rather than at a U.S. port of entry. The pointer also discusses why the procedure for Canadian E and K visa applicants is different.
Minutes from DOL Stakeholder Meeting (4/11/13)
AILA DOL Liaison Committee minutes from the 4/11/13 meeting in D.C. Topics include iCERT labor certification registry, prevailing wage issues, FAQ on PWDs for combination of occupations, FEIN verification, PERM denials, denials before supervised recruitment is completed, and new ETA-790.
USCIS FAQ on H-2A/H-2B Signature Requirements During Labor Certification
USCIS public statement with frequently asked questions on H-2A and H-2B signature requirements for electronically filed temporary labor certifications and the H classification supplement to Form I-129.
DOL Statistics on PWDs for Second Quarter of FY2013
DOL Office of Foreign Labor Certification factsheet with statistics on prevailing wage determination program for the second quarter of FY2013 through March 31, 2013.
DOL Statistics on H-2A Program for Second Quarter of FY2013
DOL Office of Foreign Labor Certification factsheet with statistics on H-2A temporary agricultural visa program for the second quarter of FY2013 through March 31, 2013.
DOL Notice of Correction on Prevailing Wage Rates for Certain H-2A Occupations
DOL notice correcting a previous announcement of prevailing wage rates covering employment of certain temporary or seasonal nonimmigrant foreign workers (H–2A workers) and rescinding previous wage determinations from 1/8/13 for H–2A workers. Notice is effective 3/28/13. (78 FR 19019, 03/28/13)
DOL Notice on Allowable Charges for Agricultural Workers’ Meals & Travel Subsistence Reimbursement
DOL notice on lodging costs and allowable charges for 2013 that employers seeking H–2A workers may charge their workers when the employer provides three meals a day, and the maximum meal reimbursement which a worker with receipts may claim in 2013. (78 FR 15741, 03/12/13)