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 Fact Sheet on Section H-2A of the INA
DOL Wage and Hour Division (WHD) provides a fact sheet with general information concerning the application of the H-2A requirements to the agricultural industry for H-2A applications submitted on or after March 15, 2010. Revised February 2010
DHS Notice on Identification of Foreign Countries Whose Nationals Are Eligible To Participate in H–2A and H–2B Visa Programs
DHS notice on the identification of 39 countries whose nationals are eligible to participate in the H–2A and H–2B programs for the coming year. This notice is effective 1/18/10 for one year. (75 FR 2879, 1/19/10)
DOL FAQs on Filing and Processing of PWD Requests
DOL FAQs on the filing and processing of Prevailing Wage Determination (PWD) requests. The National Prevailing Wage and Helpdesk Center is currently accepting PWD requests for use in H-1B, H-1B1, H-2B, E-3 and permanent labor certification programs, as well as requests for use in the CNMI.
USCIS Grants One-Time Accommodation for Sheepherders in H-2A Status
On 12/31/09, USCIS announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the agency’s final rule that became effective on 1/17/09. This exemption does not impact other H-2A categories.
CRS Report: The Effects on U.S. Farm Workers of an Agricultural Guest Worker Program
On December 28, 2009, the Congressional Reserch Service issued a new report titled: “The Effects on U.S. Farm Workers of an Agricultural Guest Worker Program.”
DOL FY2009 Performance and Accountability Report
DOL's FY2009 Performance and Accountability Report with information on organizational activities, a summary of program and financial management, a presentation of program results, and costs and progress.
CBP Launches H-2A/H-2B Exit Pilot Program in Arizona
On 12/8/09, CBP launched an exit pilot program for H-2A/H-2B temporary workers at San Luis and Douglas land ports of entry in Arizona. H-2A and H-2B temporary workers will be required to scan their visa, scan their fingerprints, and return their I-94 form at an exit kiosk.
DOL Notice of Change to Chicago NPC Address
DOL notice announcing a change in the Chicago National Processing Center (NPC) address, impacting where temporary labor certifications will be filed and adjudicated. This notice is effective on 12/4/09, with mail sent to the former address being returned after 1/6/10. (74 FR 63795, 12/4/09)
DOL Interim Final Rule on Extension of the H-2A Transition Period Procedures
DOL interim final rule on the transition period for filing procedures implemented under the December 2008 H-2A Final Rule. The application filing procedures under the extended transition period apply to employers with dates of need before 06/1/10. Comments due by 12/17/09. (74 FR 59069, 11/17/09)
DOL Liaison Reports on CalJobs Outage (Updated 11/12/09)
CalJobs is currently operable, but it has posted a notice on its website that it will be down again Sunday 11/15/09 from 4:00am to 5:00pm.
Report on New Regulations Aimed at Temporary Worker Visas
Former USCIS chief counsel Lynden Melmed outlines changes in progress for temporary worker visas in this Immigration Works policy brief.
DOL Extension of Comment Period on H-2A Program Changes
Comment period to a 9/4/09 DOL proposed rule to amend regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment has been extended. Comments are now due 10/20/09. (74 FR 50929, 10/2/09)
Minutes from DOL Stakeholders Meeting (9/22/09)
DOL Liaison provides the minutes to a stakeholder meeting held in Chicago, Illinois, on 9/22/09. Topics include: PERM, FEIN verification, erroneous denials, and iCERT.
DOL Proposed Rule on Temporary Agricultural Employment of H-2As
A 9/4/09 DOL proposed rule to amend regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment. Comments are due 10/5/09. (74 FR 45905, 9/4/09)
DOL Rescission of TEGL No. 11-07, Change 1
DOL 8/28/09 Training and Employment Guidance Letter (TEGL) rescinding TEGL No. 11-07, Change 1, as it is no longer necessary with regard to the provision of clarifying procedures for State Workforce Agencies (SWAs) and ETA National Processing Centers involved in the processing of H-2A applications.
CBP Notice of Postponement of H-2A and H-2B Temporary Worker Visa Exit Pilot Program
CBP notice postponing the start of the H-2A and H-2B Temporary Worker Visa Exit Pilot Program because more time is needed to complete the kiosks. (74 FR 42909, 8/25/09)
DHS 2008 Yearbook of Immigration Statistics
A compendium of tables with data on foreign nationals who, during FY2008, were granted lawful permanent residence, were admitted on a temporary basis, applied for asylum or refugee status, or were naturalized. The Yearbook also presents data on immigration law enforcement actions.
DOL Elimination of the Employment Standards Administration
A 7/8/09 DOL memo on its plans to eliminate the Employment Standards Administration (ESA) and elevate the components of ESA (Wage and Hour, Labor-Management Standards, Federal Contract Compliance, and Workers' Comp Programs) to stand-alone programs with direct reporting to the Secretary of Labor.
District Court Enjoins DOL from Temporarily Substituting Old H-2A Regulations
District Court grants preliminary injunction to prevent DOL from suspending H-2A regulations and temporarily reinstating prior H-2A regulations for 9 months at which point the DOL would either lift the suspension or issue a new rule. North Carolina Growers Association, Inc. v. Solis, 6/29/09)
DOS Educational Pamphlet for Nonimmigrant Visa Applicants
The DOS Bureau of Consular Affairs and the Office to Monitor and Combat Trafficking in Persons released a pamphlet conveying the legal rights, protections, and available resources for individuals applying for certain nonimmigrant visas.
DOL Notice of Preliminary Injunction Against Suspension of December 2008 H-2A Final Rule
DOL’s Office of Foreign Labor Certification posted a notice of a preliminary injunction issued by the U.S. District Court for the Middle District of North Carolina against the DOL’s suspension of the December 2008 H-2A Final Rule.
Neufeld Memo Provides Guidance on H-2A and H-2B Cases
A 6/24/09 Memo from USCIS Acting Associate Director, Donald Neufeld, provides guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker, filed on behalf of H-2A agricultural and H-2B nonagricultural temporary workers.
Velarde Memo Provides Clarification of Evidence Required to Satisfy the U.S. Interest Requirement for H-2A or H-2B Beneficiaries
A June 1, 2009, memo from Barabara Velarde, Chief Service Center Operations, provides clarification regarding the evidence required to satisfy the U.S. interest requirement for beneficiaries from countries not listed on the H-2A or H-2B eligible countries list.
DOL FAQs on Suspension of H-2A Final Rule
DOL FAQs regarding the 5/29/09 suspension of a 12/18/08 final rule on H-2As. The suspension will take effect on 6/29/09.
DOL Suspension of 12/18/08 H-2A Final Rule
DOL published a final rule that suspends the H-2A final rule published on 12/18/08. DOL is republishing and reinstating regulations in place on 1/16/09 for 9 months, after which the Department will either have engaged in further rulemaking or lift the suspension. (74 FR 24791, 5/29/09)