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
USCIS Performance Data on H-2A Petitions for Third 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 third quarter of FY2015.
DOL Statistics on H-2As from Third Quarter of FY2015
DOL’s OFLC statistics on H-2As, as of 6/28/15, including number of applications received; top states, employers, and occupations; as well as the status of applications processed.
H-2A Appointment Scheduling at U.S. Consulate Tijuana
E-mail detailing changes for scheduling H-2A appointments at the U.S. consulate in Tijuana, Mexico. There is a new e-mail address and a new form. Changes take place on 6/22/15.
Minutes from the DOL H-2 Stakeholder Meeting (6/16/15)
AILA’s DOL Liaison Committee minutes from the OFLC H-2 stakeholder meeting with DOL on 6/16/15. Some topics include: H-2A special procedures occupations, Notices of Deficiency, production standards, H-2B Interim Final Rule, employer registration, PWD requests, housing, SWA delays, and recruitment.
OCAHO Order Finding Farm Discriminated Against U.S. Worker
OCAHO order finding liability and schedule for supplemental filings, finding that the respondent “simply passed over a qualified U.S. citizen in favor of hiring temporary H-2A workers from Mexico.” (U.S. v. Estopy Farms, 6/10/15)
DOL Notice: Comment Period on H-2A Program Cannot Be Extended
DOL notice that it is required by court order to publish a final rule on the H-2A program no later than 11/1/15, thus cannot grant any further extension of the comment period. Comments are due by 6/1/15 as outlined in the 5/5/15 Federal Register notice.
DOL Extension of Comment Period for Proposed Rule on H-2A Program
DOL extension of the comment period of the proposed rule concerning proposed amendments to the regulations governing the certification of the employment of H-2A workers. Comments are now due by 6/1/15. (80 FR 23633, 5/5/15)
USCIS Reminder: Use New Version of Form I-129 Beginning 5/1
USCIS reminder that beginning Friday, 5/1/15, USCIS will only accept the new version of Form I-129 (edition date 10/23/14). Any filings with previous editions of this form will be rejected.
DOL Alert: Expanded Data Fields in Disclosure Data
DOL alert that in an effort to increase the transparency of foreign labor certification application processing, DOL’s Office of Foreign Labor Certification has expanded the data fields displayed in the PERM, H-1B, H-2A, and H-2B disclosure data.
DOL Proposed Rule on H-2A Program
DOL request for comments on proposed changes to regulations governing the employment of H-2A workers to codify certain procedures for hiring temporary workers for sheepherding, goat herding, and production of livestock on the open range. Comments are due by 5/15/15. (80 FR 20300, 4/15/15)
DOL OFLC Organizational Chart (4/15/15)
DOL provides an organizational chart of the Office of Foreign Labor Certification (OFLC) as of 4/15/15.
Minutes from DOL H-2 Stakeholder Meeting (4/15/15)
AILA’s DOL Liaison Committee minutes from the OFLC H-2 stakeholder meeting with DOL on 4/15/15. Some topics include: general updates from OFLC, H-2A production standards, joint employment, SWA oversight, incidental work, special procedures, ads for livestock workers, housing, and blue certification.
USCIS Performance Data on H-2A Petitions for Second 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 second quarter of FY2015.
DOL Statistics on H-2As from Second Quarter of FY2015
DOL’s OFLC statistics on H-2As as of 3/31/15, including number of applications received, top states, and employers, as well as the status of applications processed.
GAO Report on Need for Increased Protections for Foreign Workers in H-2A and H-2B Programs
The GAO released a report recommending that DHS publish information on jobs and recruiters; that DOL and DHS finalize their data sharing agreement; and that DOL review its H-2B enforcement efforts and collect data on cases affected by the debarment statute of limitations.
AILA Comments on DOL Retrospective Review and Regulatory Flexibility
AILA comments in response to the Request for Information (RFI) from DOL on the retrospective review of significant regulations, published in the Federal Register on 2/3/15.
DOL 2015 Allowable Charges for H-2A Workers Meals and Travel Subsistence Reimbursement
DOL notice with the 2015 allowable charges for agricultural workers’ meals and travel subsistence reimbursement, including lodging. Notice is effective on 2/23/15. (80 FR 9482, 2/23/15)
DOL’s Office of Foreign Labor Certification Annual Report for FY2013
DOL released its Foreign Labor Certification Annual Report for FY2013, which includes info on the PWD process, PERM, and temporary nonimmigrant labor certifications as well as state employment-based labor certification profiles and profiles on the top countries with employment-based immigration.
Minutes from H-2A DOL Stakeholder Meeting (1/23/15)
AILA liaison minutes from DOL stakeholder meeting on 1/23/15. Topics include: CNPC staffing and leadership changes, H-2A advertising, change in AEWR, precedential nature of ALJ decisions, joint employers, and general improvements to the H-2A process.
DOL Adds Keyword Search Function to OFLC FAQs
DOL alert that it has updated its FAQs with a new keyword search function. Users may now search the FAQs using a single keyword or exact phrase to identify items in the FAQ database. Search FAQs have been added to the help guide and FAQs by rounds are also available.
DOL Extension of Comment Period on Notice of Intent to Issue Declaratory Order
DOL notice of an extension of the comment period on the notice of intent to issue a declaratory order confirming DOL’s exclusive authority to make legal and policy determinations to administer and enforce the H-2B program. Comments now due 2/2/15. (80 FR 2445, 1/16/15)
CSC Quarterly Stakeholder Newsletter (2nd Quarter 2015)
CSC quarterly stakeholder newsletter for the second quarter in 2015, with the PowerPoint presentation used on 10/9/14 to discuss H-1B filing tips and religious workers, information on an e-mail inbox for H-2A petitioners, and more.
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)