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
NSC Processing Guidelines
The Processing Guidelines for the Nebraska Service Center provides general processing information along with specific tips for filings with the NSC.
DOL Region IX Liaison Minutes (4/13/00)
Approved minutes from the DOL Region IX liaison teleconference that was held on 4/13/00. Topics included processing times, prevailing wage requests, and H-2 processing.
H.R. 4056: Creation of Registries of Temporary Agricultural Workers
Full Text of H.R. 4056 - Agricultural Job Opportunity Benefits and Security Act of 2000, to establish a system of registries of temporary agricultural workers and to streamline procedures for the admission and extension of stay of nonimmigrant agricultural workers.
DOL Issues Notice for 2000 AEWR
DOL’s Office of Workforce Security has announced the adverse effect wage rate (AEWR) for 2000 for employers seeking nonimmigrant alien workers for temporary or seasonal, agricultural labor and services. The AEWR is in effect starting February 4, 2000. (65 FR 5696, 2/4/00)
Report of AILA DOL Liaison Meeting (11/17/99)
The liaison meeting between DOL and AILA included discussions of DOL's regulatory agenda, including a regulation to allow capture of an existing priority date using a later RIR filing, OES wage issues, revision of the permanent labor certification process, and H-2Bs.
DOL AILA Liaison Teleconference Minutes (10/7/99)
Minutes from the DOL AILA liaison teleconference that was held on 10/7/99. Topics included ETA reorganization, labor certification backlog reduction, LCA faxback systems, H-1B and other regulations, wage surveys, and RIR conversion regulations.
DOL Final Rule on H-2A Workers
Effective 7/29/99, this rule reduces the time in advance that an H-2A must be filed from 60 to 45 days, allows housing to be inspected as late as 20 days before the date of need, and modifies the notification requirement for when H-2As depart for the place of business. (64 FR 34957, 6/29/99)
NSC Processing Guidelines
The Nebraska Service Center (NSC) offers the NSC Processing Guidelines in the form of a 100 page booklet. This publication provides information regarding the organization, operation, and procedures at the NSC. Revision 5/18/1999.
INS Advises on Terminated H and L Nonimmigrants
A letter from Thomas Simmons, Branch Chief (INS) advising that once a H or L nonimmigrant's services for a U.S. employer is terminated, the applicant is no longer in a valid nonimmigrant status and should depart the U.S.
INS Proposes Delegation of H-2A Authority to DOL
INS rule proposes to amend the INS regulations by delegating to the Department of Labor (DOL) the adjudication of certain petitions for aliens coming temporarily to the United States to perform agricultural labor or services (H-2A petition). Comments are due by 2/5/99. (63 FR 67431, 12/7/98)
Minutes of the AILA DOL Liaison Meeting (11/19/98)
Draft minutes from the 11/19/98 AILA DOL Liaison meeting. Topics included proposed shift from ETA to ESA, OES wages and private surveys, and RIR and limited review.
DOL Proposed Rule on Labor Certification for H-2A Workers
DOL proposed rule to improve H-2A program performance by reducing the amount of time prior the occupancy that housing must be made available, reducing the time prior to need that the application must be filed, and transfering the approval responsibility from INS to DOL. (63 FR 53244, 10/2/98)
DOL Final Rule on Seasonal Agricultural Workers
DOL final rule to remove regulations at 29 CFR parts 502 and 503, which were promulgated under Sec. 210A of the INA, as amended by IRCA. These regulations implement requirements of a special program for nonimmigrants in seasonal agricultural services which ended with FY1992. (60 FR 54803, 10/26/95)
Correction on Migrant/Seasonal Agricultural Workers Regulations
DOL correction to migrant and seasonal agricultural worker protection regulations in the CFR. (60 FR 15232, 5/23/95)