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
House Judiciary Hearing on Agricultural Labor
A 2/26/13 hearing with the Subcommittee on Immigration and Border Security of the House Judiciary Committee on “Agricultural Labor: From H-2A to a Workable Agricultural Guestworker Program.”
DOL Round Eight FAQs on H-2A Final Rule
DOL Round Eight FAQs on the 2010 H-2A final rule addressing topics including custom combine activities, housing inspections, filing an application, rates of pay, reimbursable costs, surety bonds, and recruitment.
Minutes from DOL Stakeholder Meeting (2/13/13)
AILA DOL Liaison Committee minutes from the 2/13/13 meeting in DC. Topics include prevailing wage RFIs, private surveys, proposed ETA-9035, PERM audits, SR, DOL customer service, registration issues with PERM, PERM denials, and the iCERT labor certification registry.
DOL Updates H-2A Prevailing Wage Rates for Sheepherding/Goatherding Occupations
DOL public notice containing updated prevailing specific wage rates for H-2A workers and domestic workers engaged in sheepherding or goatherding activities in connection with an H-2A labor certification.
DOL Notice on New Online iCERT Labor Certification Registry
DOL notice on a new initiative to make available to the general public appropriately redacted copies of H–1B, H–1B1, E–3, H–2A, H–2B and permanent labor certification documents through a new online tool called the iCERT Labor Certification Registry. (78 FR 5210, 01/24/13)
DHS Notice on Foreign Countries Whose Nationals Are Eligible for H-2A & H-2B Programs
DHS notice identifying 59 countries whose nationals are eligible to participate in the H–2A and H–2B programs for the coming year, including one new addition of Grenada. (78 FR 4154, 1/18/13)
DOL H-2A Ombudsman Program
DOL resource page announcing the H-2A Ombudsman Program which will facilitate fair and equitable resolutions for concerns that arise within the H-2A program community, by conducting independent and impartial inquiries into issues related to the administration of the program.
DOL Notice on 2013 Adverse Effect Wage Rates for H-2A Workers
DOL notice announcing the 2013 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign H-2A workers to perform agricultural labor or services. (78 FR 1259, 01/08/13)
DOL Notice on Prevailing Wage Rates for Certain H-2A Occupations
DOL notice announcing new prevailing wage rates covering the employment of temporary or seasonal nonimmigrant H-2A foreign workers and corresponding employees to perform agricultural labor or services in certain occupations. (78 FR 1260, 01/08/13)
DOL Round Seven FAQs on H-2A Final Rule
DOL Round Seven FAQs on the 2010 H-2A final rule addressing new topics including signatures, job preferences, and fees.
DOL Statistics on H-2A Program for First Quarter of FY2013
DOL Office of Foreign Labor Certification factsheet with statistics on H-2A temporary agricultural visa program for the first quarter of FY2013 through December 31, 2012.
DHS Notice on CFR Corrections for Nonimmigrant Classes
DHS notice on corrections to 8 CFR Part 214 for nonimmigrant classes related to validity of H-2A petitions and more. (77 FR 76353, 12/28/12)
DOL Office of Foreign Labor Certification 2011 Annual Report
Department of Labor Office of Foreign Labor Certification (OFLC) 2011 Annual Report with information from 10/1/10 to 9/30/11 on prevailing wage determination process, permanent labor certification, STEM-related occupations, and H-2A statistics.
CRS Report on Immigration of Temporary Lower-Skilled Workers
A Congressional Research Service (CRS) report on immigration options for temporary lower-skilled workers that discusses existing visa programs for temporary lower-skilled workers, including regulatory changes since 2008.
DOL FAQs on New Electronic Filing System for H-2B and H-2A Programs
DOL FAQs address the implementation of new electronic filing system for the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System.
DOL FAQs on Hurricane Sandy Extension Requests
DOL FAQs on extensions and other reasonable case-accommodations in light of the damage done by Hurricane Sandy, affecting the H-1B, H-2A, H-2B, and the Permanent Labor Certification Program (PERM).
DOL Notice on H-2A and H-2B Foreign Labor Certification Program
DOL notice of information collection on forms and regulatory information applicable to the H-2A and H–2B Foreign Labor Certification Program, as well as Form ETA 9141, Application for Prevailing Wage Determination. Comments are due by 11/29/12. (77 FR 65715, 10/30/12)
Office of Foreign Assets Control Final Rule on Iranian Transactions Regulations
Department of Treasury’s Office of Foreign Assets final rule on Iranian Transactions Regulations, outlining the authorized activities and services related to certain nonimmigrant and immigrant categories for individuals from Iran. (77 FR 64664, 10/22/12)
DOL Notice on H-2A and H-2B Electronic Filing System
DOL notice announcing the implementation of electronic filing for the submission of nonimmigrant temporary labor certification applications under the H–2A and H–2B visa programs through DOL’s iCERT Visa Portal System. (77 FR 59670, 09/28/12)
Minutes from DOL Stakeholders Meeting (9/28/12)
AILA DOL Liaison Committee minutes from the 9/28/12 stakeholders meeting in Washington, D.C. Topics include revisions to the LCA form, H-2A surety bonds, H-2Bs, supervised recruitment, telecommuting, roving employees, and alternate wage surveys.
DOL Fact Sheet on H-2A Electronic Filing System
DOL fact sheet on a new web-based tool that will re-engineer the processing of H-2A applications filed by U.S. farmers, ranchers, and associations of agricultural producers through the iCERT Visa Portal System beginning 12/10/12.
DOS Final Rule on Schedule of Fees for Consular Services (Updated 9/17/12)
DOS final rule addressing public comments regarding an interim final rule that made changes to the Schedule of Fees for Consular Services. This final rule became effective 02/02/12. (77 FR 57012, 09/17/12) (77 FR 5177, 2/2/12) (75 FR 36522, 6/28/10)
DOL FY2012 Statistics on H-2A Agricultural Program
DOL Office of Foreign Labor Certification factsheet with statistics on H-2A temporary agricultural visa program for FY2012 covering the period from October 2011 through September 16, 2012.
GAO Report on Reducing Employer Application Burden in H-2A Visa Program
A GAO report on reducing DHS/DOL administrative delays experienced by employers in the H-2A visa program, including the recommendation to allow employers the ability to submit one application for groups of similar H-2A workers needed in a single season.
DOJ Files Lawsuit Alleging Employment Discrimination by Texas Farm
DOJ press release on joining a lawsuit against a Texas farm company that allegedly discriminated against two U.S. citizens when it refused to hire them based on their citizenship status, instead preferring to hire foreign workers under the H-2A visa program.