Effective October 2, 2025, the Department of Homeland Security (DHS) implements a final rule to streamline the H-2A petition process for US agricultural employers. The rule modernizes how petitions for temporary agricultural workers are filed and processed, aiming to reduce delays and improve efficiency.
Key Changes Under the New Rule
- Concurrent Processing: US Citizenship and Immigration Services (USCIS) may now begin processing H-2A petitions before the Department of Labor (DOL) completes its review of the Temporary Labor Certification (TLC).
- New Form I-129H2A: Petitioners seeking unnamed beneficiaries must use the newly released Form I-129H2A, which can only be filed electronically via a USCIS online account. Paper submissions of this form will be rejected.
- Filing Timeline: Employers may file Form I-129H2A after receiving a notice of acceptance from DOL but before TLC approval. USCIS will not approve petitions until DOL has finalized the TLC.
- ETA Case Number Required: Petitioners must include the ETA case number issued by DOL with their initial filing.
- Named Beneficiaries & G-28 Filings: At this time, Form I-129H2A is only available for unnamed beneficiaries without Form G-28. USCIS plans to expand eligibility in the coming weeks.
- Paper Filings Unchanged: Employers filing by paper or for named beneficiaries must continue using the standard Form I-129 and wait for DOL’s TLC approval before submitting to USCIS.
Purpose of the TLC
The Temporary Labor Certification serves as DHS’s consultation with DOL to confirm:
- No qualified US workers are available for the job
- Hiring foreign workers will not adversely affect wages or working conditions of similarly employed US workers
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.