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
AILA Comment on DOL's Proposed H-2A Regulation
AILA's comment on Department of Labor's proposed rule regarding H-2As. Prepared by AILA members Deborah Notkin, Vard Johnson, and Tim Wheelwright.
DOL Round 1 FAQs on National Processing Center Specialization
DOL Round 1 FAQs on National Processing Center (NPC) specialization. Effective 6/1/08, PERM applications will be handled by Atlanta and temporary applications by Chicago. FAQs address PERM Notices of Filing, Requests for Reconsideration/Appeals, and Responses to Audit Letters.
USCIS Publishes Comment Period Extension for H-2A Proposed Rule
USCIS extension of the comment period for the proposed rule to modify H-2A regulations. Comments are due 4/14/08. (73 FR 16779, 3/31/08)
USCIS Extends Comment Period for Proposed Rule to Modify H-2A Regulations
A 3/28/08 USCIS Update announced that the comment period for the proposed rule to modify H-2A regulations has been extended until 4/14/08. The notice extending the comment period will be published in the Federal Register on 3/31/08.
DOL Extends Comment Period for H-2A Proposed Rule
On 3/27/08 DOL extended the comment period on the proposed rule to modify H-2A regulations until 4/14/08. (73 FR 16243, 3/27/08)
DOL Memo Mandating that SWAs Verify Employment Eligibility
A 3/14/08 memo from Gregory Jacob, Solicitor of Labor, describing the legislative and regulatory authority for the DOL to require SWAs to verify employment eligibility of H-2A applicants.
DOL Round Two FAQs on H-2A Labor Certification Applications
DOL’s Office of Foreign Labor Certification posted Round Two of FAQs on TEGL 11-07, Change 1, which clarified the processing of H-2A labor certification applications. Topics include gate hires, positive recruitment, 50% rule, and housing.
DOL Notice on Filing Location Changes for Non-Electronic Labor Certification Applications
DOL notice announcing filing location changes for non-electronic permanent and temporary labor certification applications, including the decision to centralize the processing of permanent labor certification applications at the Atlanta NPC. The notice is effective 6/1/08. (73 FR 11954, 3/5/08)
DOL Proposes Amendments to H-2A Program (Updated 2/13/08)
DOL published a proposed rule on the temporary labor certification application process for H-2As, including a re-engineering of the process by which employers may obtain a temporary labor certification. Comments are due 3/31/08. (73 FR 8537, 2/13/08)
USCIS Update on Proposed Changes to H-2A Regulations
On 2/13/08 USCIS released an Update outlining the proposed revisions to H-2A regulations.
DHS Publishes Notice of Proposed Rulemaking on H-2A Workers (Updated 2/12/08)
DHS proposed rule to modify regulations affecting H-2A workers. Comments are due 3/31/08. (73 FR 8230, 2/13/08)
DHS Press Release on Proposed Changes to H-2As
DHS press release and fact sheet on a series of proposed rule modifications to provide employers with a streamlined hiring process for temporary and seasonal agricultural workers under the H-2A program.
USCIS Issues Revised Information Collection on Form I-129
USCIS revised information collection on Form I-129 Petition for Nonimmigrant Worker. Comments are due 4/7/08. (73 FR 6733, 2/5/08)
DOL Round One FAQs on H-2A Labor Certification Applications
DOL’s Office of Foreign Labor Certification posted Round One of FAQs on TEGL 11-07, Change 1, which clarified the processing of H-2A labor certification applications. Topics include positive recruitment, job orders, 50% rule, and verifying employment eligibility.
DOL FY2009 Budget Request
DOL released an overview of the department’s FY2009 budget request including three cost-based fees to ensure adequate resources to meet current and future needs in the H-2A, H-2B, and labor certification programs.
DOL Stakeholder Liaison Meeting Report (1/9/08)
Report from AILA DOL Liaison Committee regarding issues raised at the 1/9/08 DOL stakeholder liaison meeting. The report covers the following issues: BEC update, specialization of the NPCs, National Processing Center update (LCA and TEMP), SVP/ONET and Job Zone issues, and other matters.
DOL Statistics on PERM and H-2A/H-2B Processing
January 2008 DOL Fact Sheet offers statistics on PERM processing, major program highlights, highlights of FY2007 PERM certifications, and FY2007 summary statistics on the H-2A and H-2B programs as of 12/31/07.
DOL Clarification on Procedures for Processing H-2A Applications
DOL clarification on onState Workforce Agencies and ETA National Processing Centers processing of employer applications for H-2A temporary agricultural labor certification issued in Training and Employment Guidance Letter No. 11-07 on 11/6/07. (72 FR 65355, 11/20/07)
DOL Clarifies Procedures for H-2A Labor Certification Applications
DOL Training and Employment Guidance Letter No. 11-07, Change 1, clarifying certain procedures for processing H-2A application, including changes have been made to language regarding worksites crossing jurisdictional boundaries and recruitment.
USCIS Update on Centralized Filing for H-2A Petitions
USCIS announced that H-2A petitions must be filed with the California Service Center effective 12/10/07. Direct mail and private courier filing addresses are provided in the announcement.
USCIS Notice on Filing Location of H-2As
USCIS notice that employers petitioning for temporary or seasonal agricultural workers coming to the United States under the H-2A nonimmigrant classification must file their petitions at the California Service Center. The notice is effective 12/10/07. (72 FR 63621, 11/8/07)
Critical Response to Study Downplaying Farm Labor Shortage
Agricultural economist Dr. James Holt responds to the “superficial and complacent conclusions” of a study conducted by Dr. Phillip Martin which conclude that farm labor shortages are not a reality.
DOL Clarifies Filing and Recruitment for H-2A Labor Certification Applications
DOL 11/6/07 Training and Employment Guidance Letter (TEGL) clarifies procedures with regard to filing; recruitment, including verification of employment eligibility; and housing for H-2A employees.
New H-2A Filing Location
H-2A temporary agricultural worker petitions are to be mailed to a new CSC unit for processing.
New York Relocates H-2A/H-2B Processing Offices
The New York Department of Labor's Foreign Labor Certification has moved its H-2A and H-2B processing office from New York, New York to Albany, New York.