The agricultural sector is vital to the U.S. economy, especially in terms of labor needs tied to planting and harvesting seasons. Delays in visa processing for foreign farm workers can disrupt these crucial timelines, costing farmers significant losses. To help address this, the U.S. Department of Homeland Security (DHS) introduced a new final rule designed to streamline the H-2A Visa Program. This rule is effective from October 2, 2025, and brings significant changes aimed at improving processing speed, reducing delays, and enhancing predictability. Here’s a breakdown of the latest rule and its impact on agricultural workers and employers.
The New DHS Final Rule: Key Changes
Effective from October 2, 2025, the final rule introduces crucial updates that make processing H-2A petitions faster and more efficient. One of the main changes is the ability for USCIS to begin processing certain H-2A petitions prior to receiving the final Temporary Labor Certification (TLC) from the Department of Labor (DOL). Under this rule, once the Notice of Acceptance (NOA) is issued by DOL, USCIS can start reviewing petitions without waiting for the final TLC, which traditionally caused delays.
Additionally, a new version of Form I-129, called I-129H2A, will now be submitted electronically. Petitioners must file this new form via their USCIS online account. Paper submissions will no longer be accepted, which significantly enhances the processing speed and reduces administrative lag.
Key Features of the New Rule
- Earlier Filing & Concurrent Processing: This change allows USCIS to begin adjudicating petitions once the Notice of Acceptance (NOA) is issued by the Department of Labor (DOL), even before the final Temporary Labor Certification (TLC) approval. This can significantly reduce wait times and help meet critical labor deadlines during the high-pressure harvest seasons.
- Introduction of Form I-129H2A: Petitioners will now be required to use the new I-129H2A form, which must be filed electronically through the USCIS online account. This streamlines the process, eliminating paper submissions, which have previously caused delays.
- No Paper Submissions: Under the new rule, paper petitions will not be accepted. This applies specifically to H-2A petitions for unnamed beneficiaries. Only electronic filings will be processed under this updated rule, marking a shift towards digital-only submissions.
- Faster Processing Time: The rule enables quicker filing times and a more predictable timeline for farmers, particularly important for those facing tight seasonal schedules.
- DOL's Role Remains Unchanged: DOL continues to handle Temporary Labor Certification (TLC), ensuring protections for U.S. workers concerning wages and working conditions. The new rule does not undermine these important protections.
What Stays the Same?
- USCIS Approval: USCIS cannot approve an H-2A petition until DOL has certified the Temporary Labor Certification (TLC). This important safeguard continues to ensure that only those petitions meeting the necessary labor standards are approved.
- Eligibility for Petitions: This change applies only to unnamed beneficiaries. Petitions filed with Form G-28 (attorney representation) or paper petitions remain excluded from this process.
- DOL’s Role in Worker Protections: The DOL will continue to ensure fair wages, working conditions, and recruitment efforts for U.S. workers, maintaining its essential role in safeguarding domestic labor.
Who Benefits from the New Rule?
The new H-2A petition rule is designed to benefit a specific subset of petitions:
- Eligible Petitions: Only unnamed beneficiaries will qualify for the I-129H2A form and the electronic filing process.
- Ineligible Petitions: Petitions for named beneficiaries and those filed with Form G-28 (attorney representation) are not eligible for the concurrent processing. Paper petitions will also continue to be excluded.
How the New Rule Benefits Employers and Workers
The new rule brings several important benefits for both agricultural employers and workers:
- Faster Filing & Reduced Wait Times: The ability to process petitions earlier, after receiving the Notice of Acceptance from DOL, allows faster visa processing. This reduction in wait time is especially crucial for seasonal labor needs that can’t afford delays.
- Better Planning for Labor Needs: With faster processing and more predictable timelines, farmers can plan their labor needs well ahead of time, ensuring their workforce is ready when needed.
- Increased Administrative Efficiency: The shift to parallel reviews instead of strictly sequential processing will reduce backlogs and improve the overall efficiency of the H-2A petition process.
- No Compromise on Worker Protections: While the processing timelines are shortened, the DOL’s oversight of worker conditions and protections for U.S. workers remain intact. These measures ensure that H-2A workers are hired under fair, regulated conditions.
Understanding the H-2A Visa Process
The H-2A Visa Program enables U.S. employers to hire foreign workers for temporary agricultural jobs when U.S. workers are unavailable. The process includes the following steps:
- Employer Application: Employers must file a petition with USCIS, seeking approval for foreign workers under the H-2A program.
- Labor Certification: Employers must first obtain Temporary Labor Certification (TLC) from the Department of Labor (DOL), confirming that there are no sufficient U.S. workers for the job.
- Visa Application: After USCIS approval, foreign workers apply for their visa through a U.S. consulate abroad.
- Entry to the U.S.: Once the visa is issued, workers enter the U.S. and begin working for the employer under the terms outlined in the petition.
Can H-2A Visa Holders Pursue a Green Card?
While the H-2A visa is temporary, there may be pathways for visa holders to transition to a green card. This process is not automatic and involves specific eligibility criteria such as employer sponsorship or family-based petitions. The new H-2A petition process may also create a cleaner, more documented immigration history for future filings.
Immigration Medical Exams & Compliance
Despite the procedural changes, immigration medical exams remain a vital step for certain visa holders. Foreign workers must undergo a medical examination to ensure they meet U.S. health standards. To ensure compliance, workers should visit a USCIS-approved civil surgeon to complete the required exams.
What Employers Should Do Now
Employers must begin preparing for the changes to the H-2A process, particularly the electronic filing requirements. Here are steps to take:
- Prepare for Electronic Filing: Ensure that your systems are set up for the new I-129H2A form and USCIS online account.
- Coordinate with DOL: Ensure that you are ready to receive and include the Notice of Acceptance (NOA) and the ETA case number in the petitions.
- Stay Informed: Monitor updates from USCIS regarding the future expansion to include named beneficiaries and Form G-28 filings.
Conclusion
The DHS final rule for the H-2A Visa Program marks an important shift in the visa processing system for agricultural workers. The rule promises faster processing, greater predictability, and more efficient filing, all while ensuring worker protections remain intact.
By embracing these updates, farmers can better plan their labor needs and maintain a dependable workforce during busy seasons. Workers, in turn, will benefit from a smoother and more efficient petition process with fewer delays. If you need help with completing immigration medical exams, schedule an appointment with Dr. Steven Wittenberg Gordon. As an experienced immigration doctor, he can guide you through every step and help ensure the process goes as smoothly as possible.
