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
- H-2A Temporary Certification for Agriculture Workers
- Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States
- 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
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
U.S. 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
- Key Provisions in the H-2 Modernization Final Rule Worker Flexibilities, Processing Efficiencies, Enforcement Provisions Immigration Practice Pointers, 2025-2026 ed. (AILA 2025) by Ashley Foret Dees, Loan Huynh, Michele Contreras, and Jarrod Sharp
- 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 [available on AILALink]
Alerts
Browse the Featured Issue: Resources for H-2A Practice at DOL, USCIS, and DOS collection
Memo on Joint Employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act
The U.S. Wage and Hour Division issued Administrator’s Interpretation No. 2016-1 on joint employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act where more than one business is involved in the work and where workers may have two or more employers.
DHS Proposed Rule Affecting High-Skilled Nonimmigrant Workers
DHS proposed rule to amend its regulations related to EB-1, EB-2, and EB-3 immigrant and non-immigrant visa programs. Comments are due by 2/29/16. (80 FR 81900, 12/31/15)
USCIS Performance Data on H-2A Petitions for First Quarter of FY2016
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 FY2016.
DOL Notice of Comment Request on Form ETA-9142A
DOL notice of a comment request period for Form ETA-9142A, H-2A Application for Temporary Employment Certification, and Appendix A. The proposed amendment would allow electronically filing with a copy of a signed Appendix A. Comments are due by 2/22/16. (80 FR 80387, 12/24/15)
Notice of 2016 Adverse Effect Wage Rates for H-2A Workers
DOL notice to announce the 2016 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform agricultural labor or services. Notice is effective 12/22/15. (80 FR 79614, 12/22/15)
District Court Grants $2.8 Million Settlement in H-2A Worker Lawsuit
The U.S. District Court for the District of Nevada approved the class action settlement, finding the $2.8 million settlement was a “fair, reasonable, and adequate” resolution to the Mexican H-2A temporary farmworkers’ suit. (Victor Rivera Rivera, et al. v. Peri & Sons Farms, Inc., 12/15/15)
USDA Releases 2015 Farm Labor Survey
The USDA issued the Farm Labor Survey report with the average annual wage rates for field and livestock workers. The DOL relies on the average annual combined hourly wage for field and livestock workers in order to establish the Adverse Effect Wage Rates (AEWRs) in the H-2A program.
DHS Notice of Countries Eligible to Participate in the H-2A and H-2B Worker Programs
DHS notice of the 84 countries whose nationals are eligible to participate in the H-2A program, and the 83 countries whose nationals are eligible to participate in the H-2B program. Notice is effective 1/18/16 and shall remain in effect for one year. (80 FR 72079, 11/18/15)
USCIS Announces Addition of 16 Countries Eligible to Participate in the H-2A and H-2B Programs
USCIS added Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, and Timor-Leste to the list of countries whose nationals are eligible to participate in the H-2A and H-2B programs for 2016, effective 1/18/16.
DOL Notice of Adverse Effect Wage Rate for H-2A Workers Through 2016
DOL notice announcing the Adverse Effect Wage Rates through 2016 for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform herding or production of livestock on the range. Notice is effective 11/16/15. (80 FR 70840, 11/16/15)
DOL H-2A Briefing Slides on 2015 Herder Final Rule
Briefing slides from an H-2A Temporary Labor Certification 2015 Herder Final Rule presentation held by DOL’s Office of Foreign Labor Certification (OFLC) Employment and Training Administration (ETA) on 11/10/15.
DOL Releases Small Business Guide for the H-2A Visa Program
DOL published a Handbook for the Herding or Production of Livestock on the Range, to assist U.S. employers with standards and procedures for the employment of temporary H-2A agricultural workers in herding or production of livestock on the range occupations.
DOL Round 9 FAQs on H-2A 2010 Final Rule
DOL Round 9 FAQs on the H-2A 2010 final rule on productivity standards, including information on job offers, assurances, and obligations.
DOL Round 2 FAQs on H-2A Herders Final Rule
DOL Round 2 FAQs address job order and application filing, processing, and wage rate under the new regulation governing the H-2A foreign workers in the herding or production of livestock on the range (H-2A Herder Final Rule). This rule will be effective on 11/16/15.
DOL OFLC Organizational Chart (10/20/15)
DOL provides an organizational chart of the Office of Foreign Labor Certification (OFLC) as of 10/20/15.
Minutes from DOL H-2 Stakeholder Meeting (10/20/15)
AILA’s DOL Liaison Committee minutes from the OFLC H-2 stakeholder meeting with DOL on 10/20/15. Some topics include: H-2A final rule, references/experience requirements, visa extensions/moving workers around; and H-2B registration, employer-provided surveys, PWDs, and job orders.
DOL H-2A Final Rule on Range Herding and Production of Livestock
DOL final rule on the temporary agricultural employment of H–2A foreign workers in the herding or production of livestock on the range in the United States. This rule is effective on 11/16/15 and implements new wage methodology with full implementation beginning in 2018. (80 FR 62958, 10/16/15)
DOL Summary of H-2A Herders Final Rule
DOL summary of the H-2A Herders Final Rule published on 10/16/15, including information on eligibility and filing requirements, recruitment, range housing and working conditions, and wage requirements.
DOL Round 1 FAQs on Implementation and Major Provisions of H-2A Herders Final Rule
DOL Round 1 FAQs summarize major provisions of the Final Rule and are provided to assist employers, workers, and other interested parties in understanding the Final Rule. The Final Rule becomes effective 30 days after publication in the Federal Register.
DOL Statistics on H-2As from Fourth Quarter of FY2015
DOL’s OFLC statistics on H-2As, as of 9/30/15, 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 FY2015
USCIS statistics on I-129, Petition for a Nonimmigrant Temporary Agricultural Worker (H-2A), broken down by case status (received, approved, denied, or pending) and petitioner location (by state and company) for the fourth quarter of FY2015.
DOL Practice Alert: Prepare Now for a Possible DOL Shutdown
DOL Liaison Committee alerts AILA members to prepare now for a potential DOL shutdown on 10/1/15. Members should file any critical PERMs, H-2As, and H-2Bs prior to 10/1/15 and should print certified LCAs from the iCERT system. AILA will continue to monitor and provide updates as they are received.
DOL Announces Change in Signature on Approved Labor Certifications
DOL alert that beginning 7/31/15, permanent and temporary labor certifications will no longer display the electronic signature of the OFLC Acting Administrator William W. Thompson II. Instead, the electronic signature will be shown as “Certifying Officer.”
DOL Notice: H-2B RFI E-Mail Will No Longer Be Monitored
DOL alert that the H-2B RFI e-mailbox at the Chicago National Processing Center will cease to be monitored after 7/13/15. All stakeholders should use TLC.Chicago@dol.gov for communications concerning the H-2A and H-2B Temporary Labor Certification programs.
Notes from DOL Open Forum at AILA’s 2015 Annual Conference
AILA’s DOL Liaison Committee provides notes from the DOL Open Forum at AILA’s Annual Conference on 6/19/15. Some topics include: PERM modernization, prevailing wage issues, Section K denials, and LCAs.