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 Statistics on H-2As from First Quarter of FY2015
DOL’s OFLC statistics on H-2As as of 12/31/14, including number of applications received, top states, and employers, as well as the status of applications processed.
USCIS Performance Data on H-2A Petitions for First Quarter of FY2015
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 first quarter of FY2015.
DOL 2015 Adverse Effect Wage Rates
DOL notice announcing the 2015 Adverse Effect Wage Rates for each state, based on the Farm Labor Survey conducted by the U.S. Department of Agriculture, which are the minimum hourly wage rates that have been determined must be offered and paid by H-2A employers. (79 FR 75839, 12/19/14)
DOS Cable on Revised Reciprocity Fee Schedule for Armenia
DOS cable, effective 1/1/15, with a revised reciprocity fee schedule for Armenia, for various nonimmigrant visa categories. All other visa validities and fees for nationals of Armenia remain unchanged.
DOS Cable on Revised Reciprocity Fee Schedule for Albania
DOS cable, effective 12/18/14, with a revised reciprocity fee schedule for Albania, for various nonimmigrant visa categories. All other visa validities and fees for nationals of Albania remain unchanged.
Update on New H-2 Appointment System for U.S. Embassy in Mexico
On 12/8/14, the U.S. Embassy in Mexico rolled out a new H-2 appointment system.
DHS Notice of Foreign Countries Eligible to Participate in H-2A and H-2B Programs
DHS notice with foreign countries whose nationals are eligible to participate in the H-2A and H-2B nonimmigrant worker programs. For the first time, nationals from the Czech Republic, Denmark, Madagascar, Portugal, and Sweden are eligible to participate. Effective 1/18/15. (79 FR 74735, 12/16/14)
USCIS Postpones Date When New I-129 Form Will Be Required (Updated 1/9/15)
USCIS released a new I-129 Form, containing an edition date of 10/23/14. On 1/9/15, USCIS changed the date after which it would only accept the 10/23/14 edition from 2/23/15 to 5/1/15.
USDA Release of 2014 Farm Labor Survey
DOL news release that on 11/20/14, USDA issued the Farm Labor Survey report which establishes the average annual wage rates, by region and the U.S. for field and livestock workers. DOL relies on the average annual combined hourly wage to establish the Adverse Effect Wage Rates in the H-2A program.
USCIS Performance Data on H-2A Petitions for Fourth Quarter of FY2014
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 FY2014.
DOL Statistics on H-2As from FY2014 Fourth Quarter (9/30/14)
DOL’s OFLC statistics on H-2As as of 9/30/14, including number of applications received, top states, and employers, as well as the status of applications processed.
Minutes from H-2A DOL Stakeholder Meeting (9/12/14)
AILA liaison minutes from DOL H-2A Stakeholder Meeting on 9/12/14. Topics include: DOS visa delays, additional positive recruitment, recruitment report and certification, area of intended employment, special procedure applications for sheepherders, withdrawal of ETA-9142s and job orders.
DOL Statistics on H-2As from FY2014 Fourth Quarter (8/31/14)
DOL’s OFLC statistics on H-2As as of 8/31/14, including number of applications received, top states, and employers, as well as the status of applications processed.
Notes from CIS Ombudsman 2014 Annual Report Webinar
AILA notes from CIS Ombudsman’s 7/30/14 webinar presentation to stakeholders about their annual report. Topics include provisional waivers, SIJ adjudications, DACA, employment-based issues, AAO, SAVE, G-28s, ELIS, processing times, USCIS Customer Service requests, and fee waivers.
DOL Alert: New iCERT Password Requirements
DOL posted an alert on iCERT that as of 7/18/14, new password requirements for enhanced security were implemented. Within the next 90 calendar days, all iCERT users will be required to create new passwords that meet the new password requirements.
DOL iCERT Quick Start Guide
DOL iCERT Quick Start guide for external users, dated 7/23/14, with information and instructions on the new enhanced password requirements.
DOL Online Research Tools and Information Sources
The AILA DOL Liaison Committee provides a compiled list of online research tools and information sources for DOL, including DOL resources on PWDs, LCAs, nonimmigrant categories, and more.
DOS Cable on Revised Reciprocity Fee Schedule for Belarus
DOS cable, effective immediately, with a revised reciprocity fee schedule for Belarus, for various nonimmigrant visa categories. All visa validities for nationals of Belarus will remain unchanged.
DOL Statistics on H-2As from FY2014 Third Quarter (6/30/14)
DOL’s OFLC statistics on H-2As as of 6/30/14, including number of applications received, top states, and employers, as well as the status of applications processed.
USCIS Performance Data on H-2A Petitions for Third Quarter of FY2014
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 FY2014.
DOL Open Forum Notes from AILA's Annual Conference (6/20/14)
DOL Liaison Committee provides notes from the DOL Open Forum at AILA’s Annual Conference on 6/20/14. Topics include: prevailing wage issues, including the “all other” SOC code and ACWIA designation, listing beneficiary qualifications on the 9089, audit tiers, the Help Desk, and case consolidation.
Court Says DOL TEGLs Are Rules Subject to Notice and Comment Requirements
The court found the plaintiffs entitled to summary judgment, as the 2011 Training and Employment Guidance Letters (TEGLs) providing rules for certain H-2A certifications are legislative rules and DOL violated the APA by promulgating them without notice and comment. (Mendoza v. Perez, 6/13/14)
CSC Liaison Notes from CSC Open House (6/11/14)
AILA CSC Liaison Committee’s unofficial notes from the 6/11/14 CSC Open House. Topics include: cap-subject H-1B petitions for FY2015, H-1B extensions, denials of O-1 petitions, J-1 waivers, updated contact information for CSC, L-1As, I-130 process, RFEs, NOIDs, and G-28s.
USCIS PowerPoint from June 2014 CSC Open House on CSC Employment Branch
USCIS PowerPoint from 6/11/14 California Service Center (CSC) Open House on a general overview of the CSC Employment Branch.
DOL Statistics on H-2As from FY2014 Third Quarter
DOL’s OFLC statistics on H-2As as of 5/24/14, including number of applications received, top states, and employers, as well as the status of applications processed.