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
DOJ Announces Settlement in U.S. Citizen Discrimination Case
DOJ press release announcing a settlement agreement between S.W.J.J. Inc., or Sernak Farms, to settle allegations that Sernak discriminated by preferring to hire H-2A temporary visa holders over U.S. citizen applicants.
DOL Round Four FAQ on 2010 H-2A Final Rule
DOL Round Four FAQs on the 2010 H-2A final rule address job requirements, contract impossibility provisions, labor contractors, and surety bonds.
DOL Advises Public on Thanksgiving UPS Mail Schedule
The DOL Office of Foreign Labor Certification announced that UPS will not be providing delivery or pickup services on Thursday, 11/24/11 and Friday, 11/25/11.
DOL Compliance Assistance Workshops on H-2A and MSPA Rules
DOL Wage and Hour Division invites agricultural employers and farm labor contactors in Florida to attend free labor law trainings being held from 12/5/11 through 12/7/11, covering H-2A and MSPA rules. Information on topics to be discussed and the training schedule is included.
CIS Ombudsman Recap of 10/25/11 Teleconference on Small & Start-Up Business Immigration Issues (Updated 12/5/11)
CIS Ombudsman Office Q&As from the 10/25/11 teleconference, which discussed issues affecting small and start-up business issues with representatives from the Small Business Administration.
Minutes from DOL Stakeholders Meeting (10/5/11)
AILA DOL Liaison Committee minutes from the 10/5/11 DOL stakeholders meeting in Washington, D.C. Topics include: 2011 OFLC report, supervised recruitment, prevailing wage updates, H-2Bs, H-2As, new OES codes, and alternative wage surveys.
Senate Judiciary Committee Hearing on Agricultural Labor
Testimony from the 10/4/11 Senate Judiciary’s Subcommittee on Immigration, Refugees and Border Security Hearing on “America’s Agricultural Labor Crisis: Enacting a Practical Solution.”
CBP Announces Discontinuation of H-2A and H-2B Visa Exit Program Pilot
CBP notice announcing the discontinuation of the H-2A and H-2B Temporary Worker Visa Exit Program Pilot, which implemented a land-border exit system for certain temporary workers who entered the U.S. at certain AZ ports, effective September 29, 2011. (76 FR 60518, 9/29/11)
H.R. 3017- Agricultural Labor Market Reform Act of 2011
H.R. 3017, introduced by Rep. Berman (D-CA) on September 22, 2011, allows for farmworkers who meet requirements to work temporarily and to earn immigration status. The bill would also keep the H-2A program with some reforms.
OFLC Publishes Guidance for H-2A Employers
OFLC filing tips to assist employers with the H-2A program by highlighting common mistakes which can delay the processing of an application, based upon the Chicago National Processing Center’s experiences in processing H-2A applications over the past 16 months.
DOL H-2A FAQs on Amendments, Extensions, and Abandonments/Terminations
DOL H-2A FAQs addressing amendments to applications, post-certification changes to the end date of work, and post-certification notification to the Department regarding workers who have abandoned or have been terminated from their position.
OFLC Q&As on Delays in the Issuance of PWDs and H-1B LCAs
OFLC Q&As regarding delays in the issuance of prevailing wage determinations and H-1B labor condition applications, including information on alternative sources for obtaining a prevailing wage in support of an H-1B application.
House Judiciary Hearing on American Specialty Agriculture Act
Testimony from the 9/8/11 House Judiciary Subcommittee on Immigration, Refugees and Border Security hearing on H.R. 2847-American Specialty Agriculture Act, which would create a H-2C guestworker visa program.
DOL Round Three FAQs on H-2A 2010 Final Rule
DOL FAQs Round Three released regarding H-2A 2010 Final Rule, addressing what should be included in the ETA Form 790, where to find SOC codes and occupation titles, housing requirements, labor contractor requirements, and more.
USCIS Reminds H-2A and H-2B Petitioners of Prohibited Fees
USCIS alert reminds petitioners that certain fees may not be collected from H-2A and H-2B workers, including government-mandated fees that are prohibited under DOL rules, petition fees, attorney fees, recruitment costs, and any fees that are conditions of employment.
DOL Requests Comments on Extension of ETA Forms 9141 and 9142
DOL ETA notice of a comment period on the extension of the validity of Form 9141, Application for Prevailing Wage Determination, and Form 9142, Application for Temporary Employment Certification, without revisions. Comments are due 9/27/11. (76 FR 45621, 7/29/11)
DOL H-2A FAQ on Staggered Dates of Need
DOL H-2A FAQ with information about whether an employer can file a single Application for Temporary Employment Certification for staggered dates of need.
DOL Advisory on H-2A Multi-State Custom Combine Owners/Operators
DOL 6/14/11 Training and Employment Guidance Letter (TEGL) on updated H-2A special procedures for multi-state custom combine owners/operators who apply for labor certifications to hire temporary foreign workers as crew members to perform work in the U.S.
DOL Advisory on H-2A Itinerant Commercial Beekeepers
DOL 6/14/11 Training and Employment Guidance Letter (TEGL) to establish special procedures for itinerant commercial beekeeping employers who apply for labor certifications to hire temporary agricultural foreign workers to perform work in the U.S.
DOL Advisory on H-2A Sheepherders and Goatherders
DOL 6/14/11 Training and Employment Guidance Letter (TEGL) on updated special procedures in the H-2A program for employers who apply for the labor certifications to hire temporary agricultural foreign workers to perform sheepherding and/or goatherding activities.
DOL Advisory on H-2A Open Range Occupations
DOL 06/14/11 Training and Employment Guidance Letter (TEGL) on updated special procedures in the H-2A program for employers who apply for the labor certifications to hire temporary agricultural foreign workers in the open range production of livestock in the U.S.
DOL Advisory on H-2A Animal Shearing Industry Occupations
DOL 06/14/11 Training and Employment Guidance Letter (TEGL) on updated special procedures in the H-2A program for employers who apply for labor certifications to hire temporary agricultural foreign workers in the itinerant animal shearing industry in the U.S.
USCIS Filing Tips from the 6/10/11 Teleconference on H-2A Petitions
USCIS filing tips from its 6/10/11 teleconference on best filing practices for H-2A petitions, provided on templates of the ETA Form 9142 Section C and the revised I-129 Page 1. The original teleconference invitation is attached, following the teleconference notes.
USCIS Checklist for H-2A Petitioners
USCIS optional checklist for petitioners requesting H-2A temporary agricultural workers includes information about general petition requirements, additional documentation to show the workers qualify for H-2A employment, H-2 Eligible Countries List requirements, and more.
USCIS Q&As for H-2A Petitioners
USCIS Q&As address who may file the Form I-129 as an H-2A petitioner, who may be an “agent-petitioner” for H-2A classification, who may assist petitioners in filling out the Form I-129, what agents and associations need to know about requesting H-2A workers, and more.