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 Final Rule Rescinding Logging Employment Regulations
DOL final rule rescinding the regulations for employers in the logging industry utilizing foreign workers, as they became obsolete after a rulemaking in 2010 reassigned “logging employment” within the definition of “agricultural labor or services” under the H-2A program. (78 FR 69541, 11/20/13)
USCIS Temporary Accommodation for H-2A Petitions Expires on 11/29/13
USCIS alert that its temporary accommodation to allow H-2A petitioners to file Form I-129 with a copy of the signed, certified TLC, will expire on 11/29/13. Beginning 12/2/13, H-2A petitions filed without the certified TLC on blue security paper and original signatures will not be accepted.
USDA Postponed Release of 2014 H-2A AEWR Wage Data
DOL alert that the USDA postponed the release of the Farm Labor Survey until 12/5/13, which is used to establish the Adverse Effect Wage Rates (AEWR) in the H-2A program.
AILA/SCOPS Liaison Q&As (11/13/13)
Q&As from the 11/13/13 teleconference with SCOPS include an update on FY2014 H-1B processing and H-1B extensions, late filings post-government shutdown, EB-1(3) denials, boilerplate O-1 RFEs, translations, and OPT unpaid employment.
USCIS Interim Memo with Additional Guidance on Determining Periods of Admission for Previously Admitted H-4 Nonimmigrants
USCIS interim memo dated 11/11/13, updating Chapter 31.2(d)(2) of the AFM, clarifying that time spent as an H-4 dependent does not count against the maximum allowable periods of stay available to H-2A, H-2B, or H-3 principals. Comments accepted until 12/2/13 and memo is in effect.
USCIS Policy Memo on Determining Periods of Admission for Previously Admitted H-4 Nonimmigrants
USCIS policy memo with additional guidance regarding how Immigration Services Officers should determine periods of admission, stating that time spent as an H-4 dependent does not count against the maximum allowable periods of stay available to principals in H-2A, H-2B, or H-3 status.
DOS Statistics on Nonimmigrant Visas Issued for FY2008-FY2012
DOS statistics on nonimmigrant visas issued, broken down by class of nonimmigrant, for FY2008 through FY2012.
DOL Handling of Applications and Responses After Government Shutdown
OFLC alert on the handling of applications/responses impacted by the shutdown, including submissions received between 10/1/13 and 10/18, filing time-sensitive recruitment or PWDs that were not submitted due to the shutdown, and responding to deadline that fell between 10/1 and 10/18.
DOL Alert that ETA Form 232 and ETA Form 232-A Have Been Revised
DOL alert that ETA Form 232, Domestic Agricultural In-Season Wage Report and ETA Form 232-A, Wage Survey Interview Report, have been revised. State Workforce Agencies should use the new forms for future H-2A program wage reporting to OFLC as of 10/28/13.
DOL Alert that Approved H-2A Certifications Will Be Sent Via PDF Until 11/18/13
DOL alert that the 10/21/13 OFLC temporary accommodation of sending an Adobe PDF of approved certifications to H-2A employers and authorized representatives will continue through 11/18/13.
USCIS Alert on Temporary Accommodations for Form I-129 H-2A Petitions
USCIS alert that beginning on 10/23/13, due to the unique time sensitivities associated with agricultural work, USCIS will temporarily accept H-2A petitions that are filed with a copy of the certified TLC and signatures on the TLC submitted to USCIS do not need to be original.
DOL Alert Regarding H-2A Certifications Post-Government Shutdown
DOL alert that due to the unique perishable nature of the agricultural commodities in the H-2A program, OFLC will temporarily (for a period not to exceed 30 days) implement special mailing procedures for H-2A certifications.
USCIS Alert Regarding I-129 Filings During Government Shutdown
USCIS alert that if an H-1B, H-2A or H-2B petition is submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown, USCIS will excuse the late filing, if the petitioner meets all other applicable requirements.
USCIS Statistics on H-2A Receipts, Approvals, and Denials by Petitioner State and Fiscal Quarter
USCIS statistics on Form I-129 H-2A receipts, approvals, and denials by petitioner state and fiscal quarter. Data based on cases filed between October 2012 and June 2013.
OSC Settlement Over Allegations of Preferring to Hire H-2As Over LPRs
OSC settled with Huber Nurseries, based in Maneim, Pennsylvania, resolving allegations that Huber engaged in citizenship status discrimination by preferring to hire temporary H-2A visa holders over LPRs from Nepal.
DOL Alert on H-2A/H-2B Ombudsman Customer Service Survey
DOL alert announcing a new online survey for stakeholders to provide feedback on their experiences with the H-2A and H-2B Ombudsman Program.
DOS Cable with Revised Reciprocity Schedule for Armenia
A 9/23/13 DOS cable with a revised nonimmigrant reciprocity fee schedule for Armenia, effective 9/19/13.
AILA Comments on Proposed Changes to Form I-129
AILA’s comments in response to proposed revisions to Form I-129, Petition for a Nonimmigrant Worker, and accompanying instructions. Special thanks to Dagmar Butte, Steve Navarre, and Punam Rogers.
DHS Report on Nonimmigrant Admissions to the U.S. During 2012
DHS August 2013 Annual Flow Report on nonimmigrant admissions to the U.S. during 2012, including definitions and comparisons from 2010, 2011, and 2012 on admission by class, country of citizenship, port of entry, and destination state.
AILA Resources on I-94 Automation (Updated 7/31/13)
AILA liaison provides a list of resources found on InfoNet and related to CBP’s automation of Form I-94.
OFLC Performance Data Website
DOL Office of Foreign Labor Certification (OFLC) program information website with annual reports, selected statistics by program, and cumulative quarterly and annual releases of program disclosure data to assist with external research and program evaluation.
DOL Statistics on H-2A Program for Third Quarter of FY2013
DOL Office of Foreign Labor Certification factsheet with statistics on the H-2A program for the third quarter of FY2013.
USCIS Notice of Proposed Changes to Form I-129 (Updated 10/24/13)
USCIS notice of additional 30 days of information collection on the Petition for a Nonimmigrant Worker, Form I-129. Comments are now accepted through 11/25/13. (78 FR 63487, 10/24/13) (78 FR 40490, 7/5/13)
DOL New Online iCERT Labor Certification Registry Is Now Live
DOL announced that its new online tool called the iCERT Labor Certification Registry is now live, making available to the general public appropriately redacted copies of H–1B, H–1B1, E–3, H–2A, H–2B and permanent labor certification documents.
DOL Practice Alert: Public Labor Certification Registry Is Now Live
The AILA DOL Committee alerts members to the recent DOL announcement regarding the new Labor Certification Registry (LCR). The committee provides search tips, and seeks feedback from members on their experiences searching the registry as well as their opinions on privacy concerns.