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
Introduction of AgJobs Act: An Important First Step Toward Reforming Our Broken Immigration System
AILA commends Senators Craig (R-ID) and Kennedy (D-MA) and Representatives Cannon (R-UT) and Berman (D-CA) for reintroducing this much needed legislation. It is time for Congress to consider and pass this long-overdue measure.
DOL Notice of Staff Relocation of Foregn Labor Certification Field Staff
DOL notice that all foreign labor certification processing previously conducted in the Atlanta and Chicago Regional Offices will now be assumed by the corresponding Atlanta or Chicago National Processing Centers. Specific instructions are provided for H-2A and H-2B filings. (70 FR 1473, 1/7/05)
Minutes of the 1/5/05 AILA DOL/ETA Liaison Telephonic Meeting
Discussion with the DOL included such topics as the operation of the Backlog Reduction Centers, problems with letters from those centers, LCAs, and regional issues. DOL requested that discussions of PERM issues be deferred to a later date.
DOL Issues List of Active and Cancelled GALs
DOL list of General Administrative Letters (GAL), including some related to immigration issues, that are still considered active and a list of those considered cancelled. The GAL series has been eliminated in favor of Training and Employment Guidance Letters (TEGLs).
Minutes of DOL Backlog Reduction/Reengineering Briefing (10/8/04)
Summary of briefing provided by DOL to AILA on the backlog reduction plan, including discussion of the main components of the reengineering: (1) DOL's vision, (2) role of the BRCs, (3) role of PERM and the Atlanta and Chicago Centers and (4) the evolving role of the state workforce agencies.
AILA: The Senate Needs to Be Allowed to Vote on AgJobs
AgJobs Act (S. 1645) has strong bipartisan support with 63 senators who are cosponsoring this important measure. It is long past time for the Senate to consider and pass AgJobs. We urge the Senate to swiftly take up and pass this important measure.
DOL Announces H-2A Adverse Effect Wage Rates for 2004
DOL announced 2004 adverse effect wage rates (AEWRs) for employers seeking H-2A workers for temporary/seasonal agricultural labor/services. Employers must pay the highest of the AEWR, the applicable prevailing hourly wage rate, or the legal federal or state minimum wage rate. (69 FR 10063, 3/08/04)
AILA Issue Packet on AGJOBS Act of 2005
Our immigration laws fail to account for the economic and social realities confronting the U.S. Nowhere is this fact more evident than in the agricultural sector. This packet will assist you in advocating in support of Agricultural Job Opportunity, Benefits, and Security (AgJobs) Act of 2005.
Testimony on Guest Worker Proposals before Senate Judiciary Committee
Testimony from governmental and nongovernmental witnesses on the subject of “Evaluating a Temporary Guest Worker Proposal,” before the Senate Judiciary Committee’s Subcommittee on Immigration, Border Security and Citizenship on February 12, 2004.
CRS Compares Existing H-2A Program with Proposed Revisions to Program
Comparison of current H-2A program to changes proposed in the 108th Congress.
DOL Briefings on H-2A Online Application Processing
DOL's Employment and Training Administration will hold briefings in Massachusetts and Tennessee, on 1/15/04 and 1/22/04, to demonstrate its new H-2A On-Line Application Processing System. Requests to join the briefings must be postmarked no later than 12/29/03. (68 FR 69725, 12/15/03)
DOL CA Briefing on H-2A Online Application Process
The DOL's Office of Employment and Training Administration announces a formal briefing to demonstrate the new On-Line Application Processing System for H-2A cases. The briefing will be held on 12/5/03 in Monterrey, CA. (68 FR 64127, 11/12/03)
Summary of the Significant Provisions of the AgJobs Act
A summary of the significant provisions of the bipartisan agricultural reform bill—the Agricultural Jobs, Opportunity, Benefits, and Security (AgJobs) Act. Sponsors include Senators Larry Craig (R-ID) and Edward Kennedy (D-MA) and Representatives Chris Cannon (R-UT) and Howard Berman (D-CA).
AILA’s Statement on the AgJobs Act
AILA issues a statement on the introduction of a bipartisan agricultural reform bill—the Agricultural Jobs, Opportunity, Benefits, and Security (AgJobs) Act. Sponsors include Senators Larry Craig (R-ID) and Edward Kennedy (D-MA) and Representatives Chris Cannon (R-UT) and Howard Berman (D-CA).
Bipartisan Farmworker Bill Introduced in the House and Senate
On 9/23/03, the Agricultural Job Opportunity, Benefits, and Security (AgJOBS) Act of 2003 was introduced (H.R. 3142/S. 1645). Provisions include earned adjustment, a streamlined H-2A program and enhanced labor protections.
Chart Comparing Current H-2A Program with the New AgJOBS Act of 2003
Chart comparing the current H-2A program with the new AgJobs Act of 2003.
Paris Consular Processing Changes Effective 7/29/03
DOS alert on Paris consular processing changes effective 7/29/03, primarily impacting French nationals born in North Korea, Cuba, Iran, Libya, Syria, and Sudan; and H2-A, H2-B, H-3 applicants or their dependents.
DOL Solicits Comments on Form ETA 750, Parts A and B
The DOL’s Employment and Training Administration is soliciting comments concerning the proposed extension to the collection of information on the Application for Alien Employment Certification. Comments are due by 9/8/03. (68 FR 41019, 7/9/03)
DOL Announces H-2A Adverse Effect Wage Rates for 2003
DOL announced state-by-state 2003 adverse effect wage rates (AEWRs) for employers seeking H-2A workers for temporary or seasonal agricultural labor or services. Employers must pay the highest of the AEWR, prevailing hourly wage rate, or legal federal or state minimum wage rate. (68 FR 8929, 2/26/03)
DOL Corrects Notice Withdrawing Agricultural Worker Regulation
In 67 FR 59779, 9/24/02, the Labor Department withdrew a long-deferred regulation that would have allowed DOL to adjudicate agricultural worker H-2A petitions. The DOL has now issued a correction to the withdrawal notice, rectifying an incorrect date in the original. (67 FR 64067, 10/17/02)
INS Withdraws Agricultural Worker Regulation
Following the Department of Labor's similar action on 9/24/02, INS withdraws a long-deferred regulation that would have allowed DOL to adjudicate agricultural worker H-2A petitions. (67 FR 61568, 10/1/02)
DOL Withdraws Agricultural Worker Regulation
The Labor Department withdraws a long-deferred regulation that would have allowed DOL to adjudicate agricultural worker H-2A petitions. (67 FR 59779, 9/24/02)
INS Defers Transfer of H-2A Authority to DOL
INS further defers, until October 1, 2002, the delegation of authority to DOL to adjudicate H-2A agricultural worker petitions. (66 FR 49514, 9/28/01)
Comment Period Re-Opened on H-2A Process
DOL reopens the comment period, until October 29, 2001, for the proposed restructuring of the fees and processes for H-2A agricultural worker applications. (66 FR 49328, 9/27/01)
Transfer of H-2A Process to DOL Is Further Deferred
DOL further defers, until September 27, 2002, the delegation of authority from INS to DOL to adjudicate H-2A agricultural worker petitions. (66 FR 49275, 9/27/01)