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 on Workers in Temporary Agricultural Employment
DOL issued a final rule on the temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of these nonimmigrant workers. The rule is effective June 28, 2024. (89 FR 33898, 4/29/24)
AILA Q&As from 2024 DOL Spring Conference Panel
AILA's DOL Liaison Committee provides Q&As from its panel during the 2024 Spring Conference with DOL, including questions covering general processing, prevailing wage determinations, PERM, and H-2 adjudications.
Project 2025: Unveiling the far right’s plan to demolish immigration in a second Trump term
The Niskanen Center provides key takeaways from the Heritage Foundations Project 2025 policy playbook.
DOL Notice on Allowable Monetary Charges for H-2A Workers Meal and Travel Reimbursements
DOL updated the amount H-2A employers may charge workers for meals and the maximum/minimum rate H-2A and H-2B workers must be reimbursed for travel-related subsistence expenses. H-2A and H-2B employers must also pay certain lodging and travel-related expenses. (89 FR 10101, 2/13/24)
Practice Alert: Increased USCIS Filing Fees For the H-2 Visa Programs to Take Effect on April 1, 2024
The DOL Liaison Committee’s H-2 subcommittee provides an alert on increased filing fees under the new USCIS fee rule affecting H-2A and H-2B programs. The new fee schedule will take effect on April 1, 2024.
DOL Annual Adjustment of Penalties for D-1, H-1B, H-2A, and H-2B Visa Program Violations for 2024
DOL final rule implementing the annual adjustment of certain penalties for inflation required by the Inflation Adjustment Act. Among the penalties affected are penalties for employer violations of the D-1, H-1B, H-2A, and H-2B visa programs. The rule is effective 1/15/24. (89 FR 1810, 1/11/24)
Key Takeaways from the December 2023 USAID Webinar on H-2 Recruitment Initiatives in Central America
The DOL Liaison Committee’s H-2 subcommittee provides key takeaways from a December 2023 USAID Webinar with AILA on H-2 recruitment initiatives in Central America.
ICYMI: Practice Alert: DOS Extends Interview Waiver Flexibilities for Nonimmigrant Visa Applicants
AILA provides an alert concerning the 12/21/23 DOS announcement extending interview waiver flexibilities for certain nonimmigrant visa applicants.
DOS Announces Expansion of Consular Officer Authority to Waive Interview for Certain Nonimmigrant Visa Applicants
DOS announced that, beginning on 1/1/24, consular officers have the authority and discretion to waive the in-person interview for first-time H-2 visa applicants and certain other nonimmigrant visa applicants applying for any nonimmigrant visa classification.
DOL Notice of 2024 Adverse Effect Wage Rate for Range Occupations
DOL notice of the 2024 Adverse Effect Wage Rate for the employment of H-2A workers to perform herding or production of livestock on the range. The rate is effective 1/1/24. (88 FR 86679, 12/14/23)
DOL Notice of 2024 Adverse Effect Wage Rates for Non-Range Occupations
DOL notice of the 2024 Adverse Effect Wage Rates for the employment of H-2A workers to perform agricultural labor or services other than the herding or production of livestock on the range. The rates are applicable 1/1/24. (88 FR 86677, 12/14/23)
Practice Pointer: DOL OFLC Provides Answers to Case Processing Questions at PLI Conference
The AILA DOL Liaison Committee provides a resource recapping the Q&A session with OFLC on case processing from the 2023 PLI Conference.
Office of Foreign Labor Certification Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment
The 2022 H-2A Final Rule implemented a new process for the OFLC Administrator’s determination of labor supply states (LSS). The LSS determination is effective as of the date of this announcement for employers who have not commenced recruitment after receiving a Notice of Acceptance.
AILA Submits Comments on DHS and USCIS Proposed Rule Seeking to Modernize the H-2 Programs
AILA submits comments on the DHS and USCIS notice of proposed rulemaking seeking to modernize the H-2A and H-2B program requirements, oversight, and worker protections as published on 9/20/23.
AILA Submits Comments on the DOL Notice of Proposed Rulemaking on Protections for H-2A Workers
AILA submits comments on the DOL notice of proposed rulemaking on proposed regulatory revisions on protections for H-2A workers in temporary agricultural employment in the United States.
DHS Notice of Eligible H-2A and H-2B Countries
DHS notice of the 87 countries whose nationals are eligible to participate in the H-2A program and 88 countries whose nationals are eligible to participate in the H-2B program for the coming year. Bolivia is newly designated for both the H-2A and H-2B programs. (88 FR 77343, 11/9/23)
Practice Alert: Revised Edition for Form I-129 (05/31/2023) Effective November 1, 2023
Effective 11/1/23, USCIS will only accept edition date 05/31/2023, for Form I-129. Be sure to check the edition date on all pages prior to filing.
USCIS Announces Filing Location Change for Certain Temporary Nonimmigrant Petitions
USCIS announced that beginning 11/1/23, all H-2A, H-2B, CNMI-related Form I-129 petitions, Form I-129CW petitions, and CNMI-related Form I-539 applications must be filed directly at the Texas Service Center. There will be a 60-day grace period during which misfiled applications will not be rejected.
Practice Pointer: Top Five Practice Tips for H-2A 2023-2024 Filing Season
The DOL Liaison Committee H-2 Subcommittee provides its top five practice tips for attorneys venturing into the H-2A practice or navigating the October 2022 H-2A Final Rule and 2023 AEWR Final Rule.
DHS Notice of Proposed Rulemaking on Modernizing H-2 Program Requirements and Worker Protections
DHS notice of proposed rulemaking (NPRM) on modernizing H-2 program requirements and worker protections. Comments are due 11/20/23. (88 FR 65040, 9/20/23)
DOL Notice of Proposed Rulemaking on Protections for H-2A Workers
DOL notice of proposed rulemaking (NPRM) to amend the regulations governing the certification of H-2A workers and the enforcement of the contractual obligations applicable to employers of H-2A workers. Comments are due 11/14/23. (88 FR 63750, 9/15/23)
OFLC Shares FAQs for Those Affected by Hawaii Wildfires
The DOL Office of Foreign Labor Certification (OFLC) provides answers to frequently asked questions related to the Hawaii wildfires.
DOL Publishes Round 2 FAQs on 2023 H-2A Adverse Effect Wage Rate Final Rule
DOL’s Office of Foreign Labor Certification (OFLC) published Round 2 FAQs regarding the final rule promulgating regulations establishing a new methodology for determining hourly Adverse Effect Wage Rates (AEWRs) for non-range occupations for temporary labor certifications in the H-2A program.
Key Takeaways from the DOL Open Forum at 2023 AILA Annual Conference
AILA’s DOL Liaison Committee provides key takeaways from the DOL Open Forum at 2023 AILA Annual Conference in Orlando, FL.
DOL Notice of Updates to the Adverse Effect Wage Rates for Non-Range Occupations
DOL notice announcing updates to the Adverse Effect Wage Rates (AEWR) for the employment of H–2A workers to perform agricultural labor or services other than the herding or production of livestock on the range. The rates are effective 7/1/23. (88 FR 39482, 6/16/23)