DHS Modernizes the H-2A Filing Process

DHS Streamlines the H-2A Filing Process for Agricultural Employers.

The U.S. Department of Homeland Security (DHS), in coordination with the Department of Labor (DOL), has announced a final rule, effective October 2, 2025, designed to modernize and streamline the H-2A temporary agricultural worker process. This rule aims to reduce administrative delays and provide greater flexibility for agricultural employers while maintaining safeguards for U.S. workers.

Under the new regulation, U.S. Citizenship and Immigration Services (USCIS) may begin processing petitions for H-2A temporary agricultural workers as soon as the DOL issues a notice of acceptance for a temporary labor certification (TLC) application, rather than waiting for final approval. Petitioners must include the ETA case number assigned by DOL in their initial filing.

However, USCIS will not approve any petitions until DOL has granted the corresponding certification.

“This change allows USCIS to support American farmers in their essential work while ensuring that only properly screened and vetted foreign labor is hired,” said USCIS spokesperson Matthew Tragesser. “Facilitating legal employment pathways benefits American businesses, strengthens confidence in the rule of law, and protects both U.S. and foreign workers.”

A newly developed digital form, Form I-129H2A (Petition for a Nonimmigrant Worker: H-2A Classification), will be available exclusively for electronic filing through USCIS online accounts. Paper submissions of Form I-129H2A will be rejected. Initially, this option will be limited to petitions for unnamed beneficiaries filed without Form G-28. In the coming weeks, USCIS plans to expand its use for petitions involving named beneficiaries and legal representation.

Petitioners preferring paper filing must continue using Form I-129, and such filings may only be submitted after DOL approves the TLC. The TLC remains a critical step in ensuring that no qualified U.S. worker is displaced and that foreign employment does not adversely affect wages or working conditions in the agricultural sector.

This modernization represents a significant administrative improvement intended to expedite lawful hiring, strengthen oversight, and better align federal processes to meet the needs of both agricultural employers and the U.S. workforce.