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
USCIS Changes to Direct Filing Addresses for Form I-129 Petitions
USCIS changed direct filing addresses for certain petitioners of Form I-129, Petition for Nonimmigrant Worker, with petitioners now filing according to the state where the company or organization’s primary office is located. Starting 11/11/17, USCIS may reject forms filed at wrong service centers.
DOJ and DOS Partner to Protect U.S. Workers from Discrimination and Combat Fraud
DOJ and DOS signed an MOU for the Civil Rights Division and the Bureau of Consular Affairs to share information about employers that may be unlawfully discriminating, committing fraud, or making other misrepresentations in their use of employment-based visas, such as H-1B, H-2A, and H-2B visas.
iCERT Visa Portal System Quick Start Guide for H-2A Mandatory Documents Upload
DOL issued a Quick Start Guide to help employers, or if applicable, their authorized attorneys or agents, understand how to navigate the new mandatory documents upload function for preparing H-2A applications.
DOL Announces Changes to its iCERT System for H-2A and H-2B Programs
DOL’s OFLC announced that it updated the iCERT system's application filing module that will help employers or, if applicable, their authorized attorneys or agents, identify and upload required documentation supporting their applications. Guides for both H-2A and H-2B applications area available.
DOL Statistics on PWDs from Fourth Quarter of FY2017
DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 9/30/17, 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 Fourth Quarter of FY2017
DOL’s OFLC statistics on H-2As, as of 9/30/17, including number of applications received; statistics on top states, employers, and occupations; as well as the status of applications processed.
USCIS Performance Data on H-2A Petitions for Fourth Quarter of FY2017
USCIS statistics on I-129 H-2A petitions, broken down by case status (received, approved, denied, or pending) and petitioner location (by state and company) for the fourth quarter of FY2017.
Justice Department Files Lawsuit Against Crop Production Services Alleging Discrimination Against U.S. Workers
The DOJ filed a lawsuit again Crop Production Services Inc., headquartered in Loveland, CO, alleging that in 2016, it discriminated against at least three United States citizens by refusing to employ them as seasonal technicians in El Campo, Texas, because it preferred to hire H-2A workers.
DOL Issues OFLC Accommodations for Those Impacted by Hurricane Harvey and Irma
DOL provided guidance in light of damage done by Hurricane Harvey and Hurricane Irma, including information on extensions of response deadlines and other reasonable case-accommodations, mail delivery to zip codes in the affected regions, advising OFLC of new contact information, and due dates.
DOL Practice Alert: OFLC Accommodations for Those Impacted by Hurricane Irma
AILA's DOL Liaison Committee provides a practice alert that OFLC has confirmed it is working on releasing guidance for attorneys and employers impacted by Hurricane Irma.
Minutes from DOL H-2 Stakeholder Meeting (9/12/17)
AILA’s DOL Liaison Committee’s minutes from the 9/12/17 OFLC H-2 stakeholder meeting with DOL. Some topics include: productivity standards and NODs, anticipated hours per week, piece rate wages, sensitive documents uploaded on iCERT, top dos and don’ts for H-2B filings, and NOAE responses by email.
DOL Provides Guidance In Light of Hurricane Harvey
DOL provided guidance in light of damage done by Hurricane Harvey, including information on extensions of response deadlines and other reasonable case-accommodations, mail delivery to zip codes in the affected regions, email delivery, advising OFLC of new contact information, and due dates.
DOL Provides OFLC Annual Report for FY2016
DOL provides an annual report from the Office of Foreign Labor Certification (OFLC) for FY2016, that presents employment-based foreign labor certification program data drawn from applications submitted to and adjudicated by DOL from employers who sought labor certifications in FY2016.
DOL Practice Alert: OFLC Accommodations for Those Impacted by Hurricane Harvey
The DOL Liaison Committee provides a practice alert that OFLC has confirmed it is looking into the possibility of making accommodations for attorneys and employers impacted by Hurricane Harvey.
DOL Statistics on H-2As from Third Quarter of FY2017
DOL’s OFLC statistics on H-2As, as of 6/30/17, including number of applications received; statistics on top states, employers, and occupations; as well as the status of applications processed.
USCIS Performance Data on H-2A Petitions for Third Quarter of FY2017
USCIS statistics on I-129 H-2A petitions, broken down by case status (received, approved, denied, or pending) and petitioner location (by state and company) for the third quarter of FY2017 (4/1/17-6/30/17)
Minutes from DOL Wage and Hour Division Meeting (6/16/17)
AILA’s DOL Liaison Committee minutes from a meeting with DOL’s Wage and Hour Division (WHD) on 6/16/17. Topics include: WHD LCA Field Operations Handbook, electronic document storage, H-1B portability, H-1B return transportation, voluntary loans, H-2B deductions and fees, and H-2B worksites.
DOL FAQs on Job Offers, Assurances, and Obligations for the H-2A Program
DOL Round 12 FAQs to help H-2A employers understand the filing and documentation requirements that are necessary for an employer to demonstrate that the housing being offered to accommodate H-2A foreign workers complies with applicable housing standards for rental housing and public accommodations.
Minutes from OFLC H-2 Stakeholder Meeting (6/6/17)
AILA’s DOL Liaison Committee minutes from the 6/6/17 OFLC H-2 stakeholder meeting. Topics discussed focused primarily on prevailing wage determinations and the H-2B and H-2A programs.
Secretary of Labor Directs Agencies to Aggressively Confront Visa Program Fraud and Abuse
The Secretary of Labor determined that it is now the policy of DOL to “enforce vigorously all laws within its jurisdiction governing the administration and enforcement of nonimmigrant visa programs.” Notice outlines steps that DOL will take to investigate and detect visa program fraud and abuse.
OSC Announced Settlement Agreement with New Mexico Farm
OSC reached a settlement agreement with Carrillo Farm Labor, LLC, an onion farm in New Mexico. The settlement resolves the department’s investigation of complaints that Carrillo Farm discriminated against U.S. citizens due to a hiring preference for H-2A foreign visa workers.
DOL Notice on Allowable Charges for H-2A Workers and Meal Reimbursements for H-2A and H-2B Workers
DOL notice for 2017 on the allowable charges that employers may charge H-2A agricultural workers when the employer provides three meals a day, as well as the maximum travel subsistence meal reimbursement that an H-2A or H-2B worker may claim. (82 FR 17881, 4/13/17)
DOL Statistics on H-2As from Second Quarter of FY2017
DOL’s OFLC statistics on H-2As, as of 3/31/17, including number of applications received; statistics on top states, employers, and occupations; as well as the status of applications processed.
USCIS Performance Data on H-2A Petitions for Second Quarter of FY2017
USCIS statistics on Form I-129, Petition for Nonimmigrant Temporary Agricultural Worker (H-2A), broken down by status (received, approved, denied, or pending) and petitioner location (by state and company) for the second quarter of FY2017.
Minutes from DOL H-2 Stakeholder Meeting (3/7/17)
The AILA DOL Liaison Committee’s minutes from the OFLC H-2 stakeholder meeting with DOL on 3/7/17. Some topics include: processing of H-2B filings, Notices of Deficiency, minor start date of need changes, H-2A post certification amendments, and staggered dates of need.