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’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)
DOL Announces Adverse Effect Wage Rates
The Employment and Training Administration (ETA) announced 2001 adverse effect wage rates (AEWRs), allowable charges for meals, and maximum travel subsistence reimbursement for 2001. (66 FR 40298, 8/2/01)
GAL List of H-2A Processing Locations
DOL publishes a list of centralized H-2A processing locations in each state from the General Administration Letters (GAL). (66 FR 19984, 4/18/01)
GAL on H-2As for Sheep and Goat Herders
DOL issues a General Administrative Letter (GAL) stating that sheep herders employed in connection with contracts for grazing land under power lines for vegetation management purposes should use the H-2A, not the H-2B, category. (66 FR 19525, 4/16/01)
DOL Q&As from AILA's Colorado Chapter (4/11/01)
DOL Q&As from the Colorado Chapter of AILA's 4/11/01 meeting, addressing regional office restructuring, case turnaround time, LCA requirements, RIR processing, and PERM program update.
GAL on H-2A Temporary Alien Agricultural LC Program
DOL issues General Administration Letter (GAL) clarifying procedural guidance for the notification process between employers and the State Employment Security Agency, regarding worker rejection and termination from H-2A temporary agricultural employment. (66 FR 18123, 4/5/01)
DOL Delegation of Authorities and Responsibilities to ESA
Authority is delegated to Employment Standards Administration (ESA) regarding H-2A employer compliance, H-1C investigations and penalties, and enforcement of attestations for longshore workers, certain foreign student off-campus work rules, and LCAs. (66 FR 17761, 4/3/01)
INS Defers Transfer of H-2A Process to DOL
INS final rule deferring effectiveness of the transfer of authority over H-2A agricultural worker petitions to the Labor Department until 10/1/01 from 11/13/00. (65 FR 67616, 11/13/00)
DOS Interim Rule Adding DOL for Approval of H-2As
DOL interim rule authorizing consuls to accept petitions from the Department of Labor for the issuance of H-2A visas, in accordance with regulation changes previously published by DOL and INS. (65 FR 52305, 8/29/00)
INS Extends Comment Period on H-2A Regulations
INS extends until 9/18/00 the comment period on its proposed agricultural worker regulations announced on 7/13/00. (65 FR 50166, 8/17/00)
INS Proposes Changes to H-2A Form and Fee Collection
INS proposes that a new form be used for filing H-2A requests with DOL, and includes a requirement that beneficiaries sign petitions requesting extension or change of status to H-2A. Comments due 8/14/00. (65 FR 43535, 7/13/00)
INS Transfers H-2A Authority to DOL
INS final rule, effective 11/13/00, providing that H-2A petitions be filed with the Labor Department on a combined petition/certification form. DOL will forward to INS for adjudication requests for extensions of H-2A status or for change of status to H-2A. (65 FR 43527, 7/13/00)
DOL Proposes New Fee Structure for H-2A Petitions
DOL proposes a 3-tier fee for H-2A certifications, based on the number of workers sought and ranging from $150 to $1,000 per certification. The standard I-129 filing fee also would apply. Fees would be refunded if the petition is denied. Comments are due by 8/14/00. (65 FR 43545, 7/13/00)
DOL Takes on H-2A Authority
Under a DOL regulation effective 11/13/00, DOL will have the authority to adjudicate and revoke H-2A petitions, which are to be filed on a single form that consolidates the I-129 and ETA 750 for these purposes. (65 FR 43538, 7/13/00)