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
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)
DOL Interim Final Rule Extending Transition Period for H-2A Filing Procedures
DOL published an interim final rule amending its regulations to extend the transition period of the application filing procedures currently in effect for H-2A employers. Interim rule is effective 4/16/09, comments will be accepted until 5/18/09. (74 FR 17597, 4/15/09)
DOL Publishes Withdrawal Notice of Interpretation that Affects H-2A and H-2B Employers
DOL published a notice of withdrawal regarding an interpretation of the Fair Labor Standards Act that affects H-2A and H-2B employers. (74 FR 13261, 3/27/09)
DOL New iCERT Visa Portal System Coming 4/15/09
DOL provides information for employers and attorneys about the new iCERT Visa Portal System - due to be launched on 4/15/09.
CRS Report on Foreign Workers and Labor Market Tests
This 3/20/09 Congressional Research Service (CRS) report addresses labor market tests, the certification of foreign workers, and worker protections.
DOL H-2A Regulation Mailbox Temporarily Suspended
DOL posted a notice on the Office of Foreign Labor Certification webpage announcing that the H-2A regulations mailbox has been temporarily suspended.
DOL FAQs Following Notice of Proposed Suspension of H-2A Rule
DOL FAQs regarding the department's consideration of H-2As in light of the recent notice of proposed suspension of the H-2A final rule published in December 2008.
USCIS Asks H-2A and H-2B Petitioners to Use New Form I-129
In a 2/4/09 release, USCIS urges H-2A and H-2B petitioners to use new form I-129, “Petition for a Nonimmigrant Worker,” which contains the H Classification Supplement.
Notes from DOL Stakeholders Meeting (2/3/09)
Notes from the 2/3/09 DOL stakeholder meeting, including information about current processing times, prevailing wage issues, requests for review/reconsideration, LCA issues, supervised recruitment, attorney withdrawal and substitution, New Jersey SWA, and employer registration.
DOL FY2007 Performance Report
A performance report for the DOL ETA's Office of Foreign Labor Certification from 10/1/06-9/30/07.
United Farm Workers Files Suit Challenging Revised DOL H-2A Regulations
United Farm Workers complaint challenging revised DOL H-2A regulations. (United Farm Workers v. Chao, 1/13/09)
DOL E-mails for H-2A and H-2B Employer Use
DOL updated its website to announce the release of final rules on H-2As and H-2Bs in December 2008. Included in the announcement are DOL e-mail addresses for employer use.
DOL Publishes Final Rule Amending H-2A Regulations
DOL final rule amending regulations regarding the certification for the temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of the contractual obligations applicable to employers of H-2A workers. (73 FR 77109, 12/18/08)
CBP Publishes Notice on H-2A Visa Exit Program Pilot
CBP notice announcing the establishment of a new land-border exit system for certain temporary agricultural workers, starting on a pilot basis, at certain designated ports of entry. (73 FR 77049, 12/18/08)
DHS Publishes Notice on Reporting Hired H-2A Workers, Prohibited Fee Payments
DHS notice announcing the manner in which petitioners must notify USCIS regarding their employment of agricultural workers in H-2A nonimmigrant status and regarding job placement fee knowledge. The notice is effective 1/17/09. (73 FR 77047, 12/18/08)
DHS Publishes Final Rule on Changes Affecting H-2A Nonimigrants
DHS final rule amending regulations regarding temporary and seasonal agricultural workers, and their U.S. employers, within the H-2A nonimmigrant classification. (73 FR 76891, 12/18/08)
DHS Publishes Notice Designating Countries Eligible for H-2A Program Participation
DHS published a notice designating foreign countries eligible to participate in the H-2A program. The notice is effective 1/17/09. (73 FR 77043, 12/18/08)
USCIS Update and Q&As on Release of H-2A Final Rule (Updated 12/12/08)
A 12/11/08 USCIS Update announced that the agency had finalized changes to H-2A regulations. Q&As follow.
DOL Notice of Public Meetings on H-2A Program Changes (Updated 12/5/08)
DOL notice announcing that it will offer at least two public briefings on using the re-engineered H-2A Temporary Agricultural Labor Certification Program. Registration information for two briefings, currently scheduled for mid-December in Atlanta and Denver, is provided. (73 FR 74197, 12/5/08)
DOL Describes Procedures Under New H-2A Regulation
DOL stakeholder briefings on H-2A regulations, which took effect on 1/17/09. DOL staff explain the procedures for filing and review of an H-2A application. A discussion of changes to the DOL enforcement procedures were also included in the briefing.