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 Negotiates $2.3 Million in Back Wages for H-2A Workers
DOL press release announcing that Nevada-based onion grower, Peri & Sons, has agreed to pay a record total of $2,338,700 in back wages to 1,365 workers, along with a civil money penalty of $500,000, for violations under the H-2A temporary agricultural program.
DHS Annual Report on Nonimmigrant Admissions for FY2011
The DHS Office of Immigration Statistics issued its July 2012 Annual Flow Report on nonimmigrant admissions for FY2011. In 2011, there were 159 million nonimmigrant admissions to the United States, according to DHS workload estimates.
CIS Ombudsman 2012 Annual Report
A 6/25/12 annual report from Citizenship & Immigration Services Acting Ombudsman Debra Rogers calling for agency action on issues including USCIS Service Requests, Employment Authorization Documents (EADs), Deferred Action processing & other major topics.
DOL Address Change for Chicago National Processing Center
DOL notice announcing an address change for the Chicago National Processing Center (NPC) where applications for temporary labor certification programs will be filed and/or are being processed, effective 8/2/12. (77 FR 37072, 06/20/12)
DOS Alert: Limited NIV Appointments Opening at U.S. Embassy, London
E-mail from the U.S. Embassy, London notifying AILA members of a limited number of NIV appointment slots that are opening up for July 1, 2012, through August 17, 2012. Priority will be given to student/exchange visitors and petition based visa categories.
DOL Inspector General Semiannual Report to Congress
Department of Labor semiannual report to Congress outlining developments from 10/1/11-3/31/12 and which discusses current issues involving H-2B and foreign labor certification processes.
DOL Statistics for FY2012 on H-2A Program
DOL Office of Foreign Labor Certification factsheet with statistics on H-2A temporary agricultural visa program for FY2012 covering the period from October 2011 to May 2012.
DOD Memo on MAVNI Reinstatement
A 5/16/12 DOD memorandum on the reinstatement of the MAVNI program, which allows certain U.S. military personnel to apply for U.S. citizenship without first becoming an LPR. Additional languages have also been added to the language list. AILA Doc. No. 12052142.
SSA POMS on Employment Authorization for Nonimmigrants
SSA’s RM 10211.420 provides guidance on employment authorization for nonimmigrants.
DOL Field Assistance Bulletin on H-2A Wage Guidance
DOL Field Assistance Bulletin No. 2012-3 providing guidance and clarification on the regulations in 20 CFR 655 governing when wage deductions may be made under the H-2A program.
CIS Ombudsman Recommendations on Petitioner Information Management Service (PIMS)
CIS Ombudsman’s Office 5/16/12 recommendations to USCIS focusing on their responsibility to provide the DOS with information used in reviewing and adjudicating employment-based nonimmigrant visa requests to improve interagency coordination, efficiency, and customer service.
USCIS Form I-129 Temporary Agricultural Worker (H-2A) Performance Data
USCIS performance data on petitions for Form I-129 Temporary Agricultural Worker (H-2A) by state and company through the fourth quarter of fiscal year 2012 (FY2012).
USCIS Form I-129 Temporary Agricultural Worker (H-2A) Performance Data
USCIS performance data on petitions for Form I-129 Temporary Agricultural Worker (H-2A) by state and company for the third quarter of FY2012.
USCIS H-2A Performance Data by State and Company
USCIS performance data on the Temporary Agricultural Worker (H-2A) program, including the number of cases received, approved, and denied during the quarter are displayed by state and petitioning companies for the second quarter of FY2012.
DOL Updates FAQ on H-2A Federal Tax Withholdings
DOL updated FAQ on the Temporary Agricultural H-2A Program regarding federal tax withholding applicable to H-2A workers.
DOL Resource Page on Foreign Labor Certification Forms
DOL resource page with foreign labor certification forms.
VSC Temporarily Suspends Receipt of Courier Deliveries
VSC confirms the suspension of courier service deliveries for 5/3/2012. Items scheduled for delivery on 5/3/12, will be considered received on 5/3/12 for filing purposes. AILA Doc. No. 12050354.
CIS Ombudsman’s Office May 2012 Quarterly Update
CIS Ombudsman’s Office May 2012 Quarterly Update, including information on the expedited review process for specific administrative errors, the extended accommodation for sheepherder H-2A visas and more.
DOL Revised Filing Tips for H-2A Agricultural Employers
DOL issued a May 2012 document from the Office of Foreign Labor Certification with new H-2A filing tips to alert employers to common filing mistakes which can delay the processing of an H-2A application for agricultural job orders.
AILA DOS Liaison Q&As with U.S. Consulate, Mexico City (4/27/12)
U.S. Consulate, Mexico City approved liaison Q&As address Mission Mexico organization, security issues, medical exams, DHL tracking, fingerprinting, administrative processing, visa annotation, visa reciprocity, Es, H-2Bs, TNs, and more.
USCIS Re-Grants Temporary Extension of Accommodation for H-2A Sheepherders
USCIS press release announcing extension of accommodation for H-2A workers in sheepherding industry while they transition to three-year limitation of stay requirements and require them to depart the United States by 8/6/12 for at least three months before petitioning again.
DOL Guidance Letter on FY2012 Foreign Labor Certification Grant Planning Guidance
DOL guidance letter providing guidance for the funding and management of FY2012 annual grant allocations in order to perform Foreign Labor Certification program activities.
DOL Fact Sheet on Prohibition of Retaliation Under H-2A Visa Program
DOL’s Wage and Hour Division (WHD) provides a fact sheet with general information concerning the prohibition against retaliating against individuals for exercising their rights or participating in matters protected under the H-2A nonimmigrant temporary visa program. Revised April 2012.
DOL Statistics from FY2012 on H-2A Agricultural Visa Program
DOL fact sheet presenting selected statistics from H-2A program based on applications submitted during the first two quarters of FY2012. The Fact Sheet includes information on the H-2A program use, including top filing states, activities and crops.
Visa Processing Fees to Change on April 13, 2012
DOS press release announcing that effective April 13, 2012, the Department of State will adjust visa processing fees. The fees for most nonimmigrant visa applications and Border Crossing Cards will increase, while all immigrant visa processing fees will decrease.