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
Minutes from DOL Stakeholders Meeting (4/7/11)
AILA DOL Liaison Committee minutes from the 4/7/11 DOL stakeholders meeting in Washington, D.C. Topics include: 2010 DOL Performance Report and Integrity Review, FAQ publication, LCAs, iCERT enhancements, H-2Bs, ACWIA wages, and PERM recruitment.
DOL Notice of H-2A 2011 Adverse Effect Wage Rates
DOL notice on the 2011 Adverse Effect Wage Rates, Allowable Charges for Agricultural Workers' Meals, and Maximum Travel Subsistence Reimbursement. The effective date for this notice is 3/1/11. (76 FR 11286, 3/1/11)
Notes from DOL Stakeholders Teleconference (2/10/11)
DOL Liaison Committee notes from the 2/10/11 DOL stakeholders teleconference. Topics include: LCAs, H-2As, prevailing wage issues, Help Desk and customer service, audits and denials, and more.
USCIS Announces New Countries Eligible to Participate in the H-2A and H-2B Programs
USCIS press release announcing that DHS, in consultation with DOS, has identified 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. The list of eligible countries also was published in the Federal Register on 1/18/11.
DHS Notice on the Identification of H-2A and H-2B Eligible Countries
DHS notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice is effective 1/18/11 for a period of one year. (76 FR 2915, 1/18/11)
ARB on Administrative Notice of Discovery Abuse in H-2A Case
In an H-2A back pay/civil penalty case, the ARB found that the ALJ erred in taking administrative notice of respondent’s prior discovery abuse because the noticed facts were not generally known or verifiable. (Wage & Hour Div. v. Global Horizons Manpower, 12/21/10)
DOL Announces Back Wages and Fines for J&R Baker Farms LLC for Violating H-2A Program
DOL press release announcing that the Wage and Hour Division levied over $1 million in back wages owed to 244 workers and $136,500 in fines to J&R Baker Farms LLC for violating provisions of the H-2A program.
DOL Updates Permanent Labor Certification Debarment List
DOL list of employers, attorneys, and/or agents debarred from the Permanent Labor Certification Program, H-2A program, and H-1B program.
Minutes from DOL Stakeholders Meeting (10/28/10)
AILA DOL Liaison Committee minutes from the 10/28/10 DOL stakeholders meeting in Washington, D.C. Topics include: prevailing wage issues, LCAs, government error queue, employee referral programs, and recent BALCA decisions.
2009 Annual Foreign Labor Certification Report
The Foreign Labor Certification Report: 2009 Data, Trends and Highlights Across Programs and States released by DOL, presenting employment-based immigration program data drawn from applications submitted to the DOL by employers across the country.
DOL Issues FAQs with Clarification of the Fifty Percent Rule Under the 2010 Final Rule
DOL FAQ with a clarification of the Fifty Percent Rule under the 2010 Final Rule.
OIG Report on DOL Debarment Authority
OIG report on DOL use of suspension and debarment authority within the foreign labor certification (FLC) programs. OIG found that OFLC and WHD defined their suspension and debarment authority based only on INA provisions, rather than the broader government-wide authority.
DOL Extension of Disclosures to Workers under the MSPA
DOL WHD notice on the extension of disclosures to workers under the Migrant Seasonal and Agricultural Worker Protection Act (MSPA). Comments are due 11/19/10. (75 FR 57296, 9/20/10)
DOL Round Two FAQs on H-2A 2010 Final Rule
DOL Round Two FAQs, addressing the H-2A program under the new regulations, which took effect 3/15/10. Topics include pre-filing, NAICS codes, job offers, assurances and obligations, meals, transportation, strikes, 50% rule, recruitment, and withdrawals.
DOL Delegates Authority and Responsibilities to WHD
DOL Secretary’s Order 5-2010 delegating authority to the Wage and Hour Division (WHD) Administrator to issue U Nonimmigrant Status Certification and carrying out INA provisions relating to enforcement of nonimmigrant and labor condition applications. (75 FR 553532, 9/10/10)
CSC and VSC H-L-O-P Adjudication Statistics FY2008 - FY2010 (Through July)
Statistics obtained by the Los Angeles Times from USCIS comparing H-L-O-P adjudication rates between the CSC and VSC for FY2008, FY2009, and FY2010 through July. Courtesy of the Los Angeles Times.
USCIS Executive Summary of Teleconference on H-2A Prohibited Fees
USCIS released the summary of a teleconference for H-2A petitioners on prohibited fees. The summary includes information about H-2A regulations on prohibited fees, how USCIS determines whether the fees are conditions of employment, and RFEs.
2009 Yearbook of Immigration Statistics
DHS Office of Immigration Statistics 2009 Yearbook of Immigration Statistics. Report includes tables on legal permanent residents, refugees and asylees, naturalizations, nonimmigrant admissions, and enforcement actions.
DOL Annual Report (September 2010)
Department of Labor Office of Foreign Labor Certification Annual Report presents employment-based immigration program data for 10/1/09 – 9/30/10.
DOL Notice on H-2A Electronic Job Registry
The DOL Employment and Training Administration (ETA) announced that the National Electronic Job Registry (job registry) in which H-2A job orders will be posted and available to the public will be operational on July 8, 2010. (75 FR 38145, 7/1/10)
Notes from the 2010 Annual Conference DOL Open Forum
The AILA DOL Liaison Committee provides notes from the DOL Open Forum held during the 2010 AILA Annual Conference. Topics include updates on PERM, LCAs, Prevailing Wage Determinations, and H-2As.
Important DOL E-Mail Addresses (Updated 06/29/10)
AILA’s Department of Labor Liaison Committee has compiled this chart of important DOL e-mail addresses.
DOL H-2A Job Registry Factsheet
The ETA OFLC developed a new web-based tool, the H-2A Job Registry, allowing the public to search and retrieve temporary agricultural jobs. This new tool was developed to comply with new DOL H-2A regulations implemented on 3/15/10.
Notes from DOL Stakeholders Telephone Conference (6/22/10)
These notes from the DOL stakeholders teleconference include questions on PWDs, employer-provided wage surveys, Requests for Redetermination, requests for correction of clear DOL error, PERM adjudication, supervised recruitment, LCA issues, and H-2As.
Minutes of DOL Stakeholders Telephone Conference (3/25/10)
These minutes of a DOL stakeholders teleconference were not approved by DOL, and cover topics relating to various bases for PERM denials, iCERT portal processing times, supervised recruitment, appeal queues, and important e-mail addresses.