Featured Issues, Practice Resources

Featured Issue: Resources for H-2A Practice at DOL, USCIS, and DOS

4/22/26 AILA Doc. No. 24111402. Business Immigration, H-2A Agricultural Worker

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

DOL-WHD

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

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Federal Agencies

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.

7/20/12 AILA Doc. No. 12072048. Business Immigration, H-2A Agricultural Worker
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

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.

7/18/12 AILA Doc. No. 12071844. Business Immigration, E Treaty Categories, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, Labor Certification (Permanent)
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

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.

7/10/12 AILA Doc. No. 12071144. Business Immigration, Employer Compliance, H-2A Agricultural Worker
Accessible to: Member, Student, Govt/Policy, Paralegal.

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.

7/1/12 AILA Doc. No. 12070953. Admissions & Border, Business Immigration, Family Immigration, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, K & V Visas, L-1 Intracompany Transferee, O & P Visas, R Religious Workers, Students & Schools
Accessible to: Member, Student, Govt/Policy, Paralegal.

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.

6/25/12 AILA Doc. No. 12062743. Business Immigration, EB-1, EB-5 Investors, H-2A Agricultural Worker, Physicians & Healthcare, Prosecutorial Discretion, Removal & Relief, Special Immigrant Juveniles, Students & Schools
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Agencies, FR Regulations & Notices

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)

6/20/12 AILA Doc. No. 12062048. Business Immigration, E Treaty Categories, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, Labor Certification (Permanent)
Accessible to Public.
Federal Agencies, Practice Resources

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.

6/7/12 AILA Doc. No. 12060760. Admissions & Border, Business Immigration, Consular Processing, E Treaty Categories, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, L-1 Intracompany Transferee, O & P Visas, Students & Schools
Accessible to: Member, Student, Govt/Policy, Paralegal.

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.

5/31/12 AILA Doc. No. 12053157. Business Immigration, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, Labor Certification (Permanent)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Agencies

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.

5/30/12 AILA Doc. No. 12061342. Business Immigration, H-2A Agricultural Worker
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

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.

5/21/12 AILA Doc. No. 12052142. Business Immigration, E Treaty Categories, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, Humanitarian Parole, L-1 Intracompany Transferee, Naturalization & Citizenship, O & P Visas, R Religious Workers, Students & Schools, T & U Status, TN Professionals
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

SSA POMS on Employment Authorization for Nonimmigrants

SSA’s RM 10211.420 provides guidance on employment authorization for nonimmigrants.

5/21/12 AILA Doc. No. 12060554. Admissions & Border, Business Immigration, E Treaty Categories, Employer Compliance, Family Immigration, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, K & V Visas, L-1 Intracompany Transferee, O & P Visas, Students & Schools, Temporary Protected Status & Deferred Enforced Departure, TN Professionals
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

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.

5/17/12 AILA Doc. No. 12051840. Business Immigration, H-2A Agricultural Worker
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

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.

5/16/12 AILA Doc. No. 12051750. Business Immigration, Consular Processing, E Treaty Categories, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, L-1 Intracompany Transferee, O & P Visas, R Religious Workers
Accessible to Public.
Federal Agencies

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).

5/15/12 AILA Doc. No. 12121358. Business Immigration, H-2A Agricultural Worker
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Agencies

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.

5/15/12 AILA Doc. No. 12120430. Business Immigration, H-2A Agricultural Worker
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Agencies

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.

5/15/12 AILA Doc. No. 12082953. Business Immigration, H-2A Agricultural Worker
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

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.

5/15/12 AILA Doc. No. 12051547. Business Immigration, H-2A Agricultural Worker
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

DOL Resource Page on Foreign Labor Certification Forms

DOL resource page with foreign labor certification forms.

5/14/12 AILA Doc. No. 12051447. Business Immigration, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, Labor Certification (Permanent)
Accessible to Public.
Federal Agencies, Liaison Minutes

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.

5/3/12 AILA Doc. No. 12050354. Business Immigration, E Treaty Categories, Family Immigration, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, Humanitarian Parole, L-1 Intracompany Transferee, O & P Visas, T & U Status, TN Professionals, VAWA
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

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.

5/1/12 AILA Doc. No. 12053156. Business Immigration, H-2A Agricultural Worker, Provisional Waivers, Waivers
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

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.

5/1/12 AILA Doc. No. 12052350. Business Immigration, H-2A Agricultural Worker
Accessible to Public.
Federal Agencies, Liaison Minutes

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.

4/27/12 AILA Doc. No. 12050245. Business Immigration, Consular Processing, E Treaty Categories, Family Immigration, Family-Based Immigrants, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, L-1 Intracompany Transferee, TN Professionals, Waivers
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

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.

4/5/12 AILA Doc. No. 12040540. Business Immigration, H-2A Agricultural Worker
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

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.

4/5/12 AILA Doc. No. 12040550. Business Immigration, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, Labor Certification (Permanent)
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

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.

4/1/12 AILA Doc. No. 18022332. Business Immigration, H-2A Agricultural Worker
Accessible to Public.
Accessible to Public.