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 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.
Office of Foreign Labor Certification Performance Report
DOL Office of Foreign Labor Certification Performance Report that covers backlog reduction and PERM. It also provides information on temporary worker programs, the needs of U.S. employers and labor market trends.
Section-by-Section Analysis of the Secure Borders FIRST Act of 2007
AILA section-by-section analysis of the Secure Borders FIRST Act (H.R. 2954) which seeks to increase border patrol authorities, stiffen employer sanctions, limit due process protections for non-citizens, reform the H-2A program, and make English the official language of the U.S.
Text of the FIRST Act of 2007
Text of the Secure Borders for Integrity, Reform, Safety and Anti-Terrorism (FIRST) Act of 2007 (H.R. 2954) as introduced by Rep. King (R-N.Y.) on 7/10/07.
AILA Position Paper on AgJobs Bill
AILA Position Paper on pending legislation that would reform our current agricultural labor system.
Summary of Key New Worker Provisions in S. 1639
AILA’s summary of the new worker (Y visa) program proposed in the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 (S. 1639).
DOL H-2A Adverse Effect Wage Rate for 2007
DOL publishes H-2A Adverse Effect Wage Rule(AEWR) for 2007. (72 FR 7909, 2/21/07)
S. 2611: Senate Kills Attempt to Alter AgJobs Compromise
On 5/23/06, Senators resumed debate on the Comprehensive Immigration Reform Act of 2006 (S. 2611). Senators killed an attempt to alter the AgJobs compromise, and approved the use of the National Guard at the border.
USCIS Provides Information on Bi-specialization Filing of I-129 and I-140 Petitions
USCIS provides information on the new filing system for I-129 and I-140 Petitions, effective 4/1/06.
DOL 2006 Adverse Effect Wage Rates for Agricultural and Logging Workers
DOL 2006 AEWRs for temporary or seasonal nonimmigrant workers to perform agricultural labor or services (H-2A) or logging (H-2) with allowable charges for 2006 that employers seeking H-2A workers and H-2 logging workers may levy when the employer provides three meals a day. (71 FR 13633, 3/16/06)
H-2A/H-2B Guidelines at the U.S. Consulate in Nogales
The U.S. Consulate in Nogales provides guidelines for processing H-2A and H-2B visas. Also included is an updated H-2A/H-2B Appointment Request Form.
DOL Reassigns Labor Certification Functions to Division of Foreign Labor Certification
The Assistant Secretary for Employment and Training reassigned all functions of the Employment and Training Administration (ETA) and the Director of the United States Employment Service under 20 CFR parts 655 and 656 to the Chief, Division of Foreign Labor Certification. (70 FR 39385, 7/7/05)
Text of the Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act of 2005
Text of the Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act of 2005 (S. 359), introduced on 2/10/05 by Senator Larry Craig (R-ID). This bill would reform the H-2A worker program and provide for the adjustment of status of certain foreign agricultural workers.
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).