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
AILA Submits Comments on Proposed Modernization of Recruitment Requirements for H-2A Foreign Workers
On 12/28/18, AILA submitted comments in response to DOL notice and request for comments on proposed regulatory revisions that would modernize the recruitment an employer seeking H-2A nonimmigrant agricultural workers must conduct when applying for temporary labor certification.
DOL Releases Notice of 2019 Adverse Effect Wage Rates for Non-Range Occupations
DOL notice with the 2019 Adverse Effect Wage Rates for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services other than the herding or production of livestock on the range. Rates applicable as of 1/9/19. (83 FR 66306, 12/26/18)
DOL Releases Notice of 2019 Adverse Effect Wage Rates for Range Occupations
DOL notice with the 2019 Adverse Effect Wage Rates for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform herding or production of livestock on the range. Rates applicable as of 1/1/19. (83 FR 66307, 12/26/18)
DOL Issues Clarifications to Non-Substantive Application Form Changes in the H-2A and H-2B Programs
DOL’s Employment and Training Administration's Office of Foreign Labor Certification (OFLC) issued clarifications and FAQs to the non-substantive changes to application forms for temporary labor certification under the H-2A and H-2B programs.
Practice Alert: H-2A and H-2B Form Changes Slated for December 20, 2018
DOL updated its website to notify stakeholders of changes to the H-2A and H-2B forms slated to be implemented on 12/20/18. Employers that have not yet submitted cases in iCERT will need to login and complete at least two of the three new items in Section H, before the application can be submitted.
DOL Posts Notice Regarding Non-Substantive Form Changes to iCERT Data Collection in H-2A/H-2B Programs
DOL posted a notice that employers with prepared cases in iCERT that are not yet submitted, will need to login to iCERT and complete Section H, items H.6a, H.6b, and/or H.6c, before the application can be submitted. If two of the three items are not completed, employers will not be able to submit.
DOL Announces Extension of Comment Periods for Proposed Changes to H-2A and H-2B Recruitment Requirements
DOL announced that in response to requests to extend the comment periods through 12/28/18 for both the DOL proposed rule on H-2A recruitment requirements and the joint DOL and DHS rule on H-2B recruitment requirements.
Extension of Comment Period for DOL Proposed Rule on Modernizing Recruitment Requirements for H-2A Workers
DOL extension of the comment period on a proposed rule on modernizing recruitment requirements for H-2A workers by replacing the currently required print newspaper advertisements with electronic advertisements. Comments are now due 12/28/18. (83 FR 63456, 12/10/18)
DOL Announces iCERT Enhancements in the H-2A and H-2B Programs
DOL announced changes to the iCERT system related to the submission of applications for temporary labor certification under the H-2A/H-2B programs. These changes include data validation checks designed to assist employers in preparing applications with the required form fields and instructions.
DOL Proposed Rule on Modernizing Recruitment Requirements for H-2A Workers
DOL proposed rule on modernizing recruitment requirements for H-2A workers by replacing the currently required print newspaper advertisements with electronic advertisements. Comments are due 12/10/18. (83 FR 55985, 11/9/18)
DOL Notice of Availability and Request for Comments on Form ETA-9127
DOL notice of availability and request for comments on revisions to Form ETA-9127, which solicits information from State Workforce Agencies (SWAs) who are recipients of foreign labor certification grants. Comments are due 12/3/18. (83 FR 54942, 11/1/18)
DOL Notice and Request for Comments on Proposed Revisions to Form ETA-9142A and Related Forms
DOL notice and request for comments on proposed revisions to Form ETA-9142A, H-2A Application for Temporary Employment Certification, and related forms. Comments are due 12/24/18. (83 FR 53911, 10/25/18)
DOL Announces Publication of 60-Day Notice for Information Collection Related to the H-2A Program
DOL announced that it published a 60-day notice in the Federal Register announcing its intent to revise application forms, instructions, and other information collected under the H-2A visa program, and provides the proposed new forms. Comments are due 12/24/18.
DOL Announces iCERT Changes for H-2A and H-2B Visa Programs
DOL announced that beginning on and after Tuesday, October 30, 2018, the iCERT system will require employers submitting H-2A and H-2B applications to complete required data fields in accordance with form instructions.
DOL Statistics on H-2As from Fourth Quarter of FY2018
DOL’s OFLC statistics on H-2As, as of 9/30/18, including number of applications received; statistics on top states, employers, and occupations; as well as the status of applications processed.
AILA Provides Notes from DOL H-2 Stakeholder Meeting (9/26/18)
AILA’s DOL Liaison Committee provides unofficial notes from the DOL OFLC’s H-2 stakeholder meeting on 9/26/18. Topics covered include current staffing and workload, the H-2B filing process for January 2019, H-2A housing inspections, and the iCert Visa Portal System, among others.
DOL Provides PowerPoint Presentation on H-2As
DOL provided the PowerPoint presentation from a 8/23/18 webinar designed to provide both employer filing tips and best practices for H-2A labor certification applications.
DOL Notice and Request for Comments on Extension of H-2A Recordkeeping Requirement
DOL published notice of availability and request for comments on the extension of information collection request for H-2A Recordkeeping Requirement. Comments must be submitted by October 22, 2018. (83 FR 42698, 8/23/18)
H.R. 6417: AG and Legal Workforce Act
On 7/13/18, Representatives Bob Goodlatte (R-VA), Peterson (D-MN), Smith (R-TX), Cueller (D-TX), Newhouse (R-WA), Conaway (R-TX), and Calvert (R-CA) introduced the AG and Legal Workforce Act to replace the H-2A program with a new H-2C program and repeal the I-9 system to replace with E-Verify.
DHS Final Rule Eliminating Nonimmigrant Visa Exemption for Certain Caribbean Residents Using H-2A Program
DHS issued a final rule, adopting a 2/8/16 interim final rule as final, that eliminated the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the U.S. as H-2A agricultural workers. Rule is effective on 8/6/18. (83 FR 31447, 7/6/18)
DOS Final Rule on Documentation of Nonimmigrants Under the INA
DOS issued a final rule finalizing changes regarding the requirement of a passport and a visa to certain Caribbean nationals coming to the U.S. through the H-2A program, requiring them to enter with a H-2A visa. Rule is effective 8/6/18. (83 FR 31451, 7/6/18)
DOL Statistics on PWDs from Third Quarter of FY2018
DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 6/30/18, including number of applications received, top employers and occupations for PERM, H-1B, and H-2B, as well as number of determined, withdrawn, and pending prevailing wage actions.
DOL Statistics on H-2As from Third Quarter of FY2018
DOL’s OFLC statistics on H-2As, as of 6/30/18, including number of applications received; statistics on top states, employers, and occupations; as well as the status of applications processed.
DOL Comment Request on Form ETA-9127
DOL comment request for information collection from Form ETA-9127, Foreign Labor Certification Quarterly Activity Report. Comments are due by 8/20/18. (83 FR 28866, 6/21/18)
AILA Provides Notes from DOL H-2 Stakeholder Meeting (6/5/18)
AILA provided unofficial notes from the DOL Liaison Committee’s 6/5/18 OFLC H-2 stakeholder meeting with DOL. Topics include: weather-related delays to the start date of need, foreign background checks, H-2B filing process for the 2nd half of FY2019, and the iCert Visa Portal System, among others.