U.S. Modernizes H-2A Visa Process for Agricultural Employers
The Department of Homeland Security (DHS) and USCIS announced a new rule aimed at streamlining the application process for temporary agricultural workers under the H-2A program.
Starting October 2, 2025, employers will be able to electronically file Form I-129 even before receiving final approval of the labor certification from the Department of Labor (DOL), as long as a notice of acceptance of the application has already been issued.
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What’s Changing?
USCIS will be able to begin processing petitions before the final certification, which will reduce waiting times.
Only electronic submissions through a USCIS online account will be accepted; paper applications will be rejected.
Employers will be allowed to include workers not yet identified by name, offering more flexibility in workforce planning.
Final approval will still depend on the DOL, ensuring that working conditions remain fair for U.S. workers.
Why It Matters
This optimization aims to speed up agricultural processes without sacrificing labor oversight. It allows employers to better plan their hiring needs and helps USCIS process petitions more efficiently.
According to the announcement, the change is part of the government’s effort to modernize immigration management and reduce administrative delays in essential sectors such as agriculture.
Implications for Legal Professionals
It is essential to verify DOL acceptance before submitting the petition.
Attorneys and paralegals should advise employers on how to use the electronic system and comply with the new deadlines.
If the DOL rejects the certification, the petition will likewise be denied.
The new DHS rule represents a step forward toward a faster and more technologically advanced labor migration system. For those working in immigration law, it offers an opportunity to adapt to a more digital, efficient, and secure process while maintaining procedural integrity.
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