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
CRS Report on Immigration of Temporary Lower-Skilled Workers
A Congressional Research Service (CRS) report on immigration options for temporary lower-skilled workers that discusses existing visa programs for temporary lower-skilled workers, including regulatory changes since 2008.
DOL FAQs on New Electronic Filing System for H-2B and H-2A Programs
DOL FAQs address the implementation of new electronic filing system for the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System.
DOL FAQs on Hurricane Sandy Extension Requests
DOL FAQs on extensions and other reasonable case-accommodations in light of the damage done by Hurricane Sandy, affecting the H-1B, H-2A, H-2B, and the Permanent Labor Certification Program (PERM).
DOL Notice on H-2A and H-2B Foreign Labor Certification Program
DOL notice of information collection on forms and regulatory information applicable to the H-2A and H–2B Foreign Labor Certification Program, as well as Form ETA 9141, Application for Prevailing Wage Determination. Comments are due by 11/29/12. (77 FR 65715, 10/30/12)
Office of Foreign Assets Control Final Rule on Iranian Transactions Regulations
Department of Treasury’s Office of Foreign Assets final rule on Iranian Transactions Regulations, outlining the authorized activities and services related to certain nonimmigrant and immigrant categories for individuals from Iran. (77 FR 64664, 10/22/12)
DOL Notice on H-2A and H-2B Electronic Filing System
DOL notice announcing the implementation of electronic filing for the submission of nonimmigrant temporary labor certification applications under the H–2A and H–2B visa programs through DOL’s iCERT Visa Portal System. (77 FR 59670, 09/28/12)
Minutes from DOL Stakeholders Meeting (9/28/12)
AILA DOL Liaison Committee minutes from the 9/28/12 stakeholders meeting in Washington, D.C. Topics include revisions to the LCA form, H-2A surety bonds, H-2Bs, supervised recruitment, telecommuting, roving employees, and alternate wage surveys.
DOL Fact Sheet on H-2A Electronic Filing System
DOL fact sheet on a new web-based tool that will re-engineer the processing of H-2A applications filed by U.S. farmers, ranchers, and associations of agricultural producers through the iCERT Visa Portal System beginning 12/10/12.
DOS Final Rule on Schedule of Fees for Consular Services (Updated 9/17/12)
DOS final rule addressing public comments regarding an interim final rule that made changes to the Schedule of Fees for Consular Services. This final rule became effective 02/02/12. (77 FR 57012, 09/17/12) (77 FR 5177, 2/2/12) (75 FR 36522, 6/28/10)
DOL FY2012 Statistics on H-2A Agricultural 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 through September 16, 2012.
GAO Report on Reducing Employer Application Burden in H-2A Visa Program
A GAO report on reducing DHS/DOL administrative delays experienced by employers in the H-2A visa program, including the recommendation to allow employers the ability to submit one application for groups of similar H-2A workers needed in a single season.
DOJ Files Lawsuit Alleging Employment Discrimination by Texas Farm
DOJ press release on joining a lawsuit against a Texas farm company that allegedly discriminated against two U.S. citizens when it refused to hire them based on their citizenship status, instead preferring to hire foreign workers under the H-2A visa program.
NIV Bank Payment Process Change at U.S. Embassy Manila
U.S. Embassy, Manila announced a change in the NIV payment process as of 9/3/12. NIV applicants must present a U.S. visa application deposit slip in order to pay the MRV fee. The deposit slip lists an expiration date, which must be valid for bank agents to accept payment.
NIV Interview Waiver Eligibility Checklist
Nonimmigrant visa interview waiver checklist provided by Mission India to determine if an applicant is eligible for nonimmigrant visa renewal without appearing for an interview.
USCIS Reminder that H-2A Sheepherder Accommodation Ends 8/16/12
USCIS reminder that the one-time accommodation for sheepherders providing more time to fully transition to the three-year limitation of stay requirements for the H-2A nonimmigrant classification is schedule to expire on 8/16/12.
DOL Request for Comments on Form 9141 and Related Forms
DOL notice on comment request for Form ETA 9141 and other related forms pertaining to programs requiring prevailing wage determinations and the H–2A and H–2B programs for temporary employment certification in agricultural and non-agricultural occupations. (77 FR 49025, 08/15/12)
USCIS Response to CIS Ombudsman Recommendations on PIMS
An 8/13/12 memo from Lori Scialabba to Debra Rogers, responding to the Ombudsman’s recommendations on PIMS by disagreeing with their recommendations, including stating that USCIS will not make photocopies of Form I-129s that are received without a duplicate.
White House Report on Obama Agenda and the Hispanic Community
August 2012 White House report on what the policies and programs of the Obama Administration have meant for Hispanic Americans throughout the first three and a half years, including sections on comprehensive immigration reform, the DREAM Act, deferred action and more.
Chicago National Processing Center Has Moved!
DOL alert with the new mailing addresses for the Chicago National Processing Center (NPC), effective 8/2/12, for the D-1, H-2A, and H-2B programs.
Advance Submission of Documents Discontinued at U.S. Consulate Hyderabad
As of 8/6/2012, U.S. Consulate Hyderabad will no longer accept advance submission of documents for all Business Executive Program (BEP) and regular H & L petition cases. Instead, all documentation must be delivered to the consulate on the day of the interview.
DOL Statistics on H-2A Agricultural Program as of June 2012
DOL Office of Foreign Labor Certification factsheet with statistics on H-2A temporary agricultural visa program for FY2012 covering the period from October 2011 through June 2012.
DOL Office of Foreign Labor Certification Resource Page
DOL resource page where users can access performance data including annual reports, selected statistics by program, and disclosure data.
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.