WASHINGTON — The Department of Homeland Security (DHS) announced a final rule, effective Oct. 2, 2025, to simplify and modernize the filing process for temporary agricultural worker petitions under the H-2A program.
The change allows U.S. Citizenship and Immigration Services (USCIS) to begin processing petitions while the Department of Labor (DOL) reviews temporary labor certifications (TLC). This adjustment provides faster support for American farmers while ensuring foreign workers are properly screened and vetted.
“This change allows USCIS to support American farmers in their critical work for our nation while also ensuring that they hire thoroughly screened and vetted foreign labor,” said USCIS Spokesperson Matthew Tragesser.
Starting Oct. 2, petitioners seeking unnamed beneficiaries can file electronically using the new Form I-129H2A after DOL issues a notice of acceptance of the TLC application, but before final approval. This allows USCIS to begin immediate processing, though no petitions will be approved until after TLC approval.
The TLC ensures that U.S. workers are not displaced and that foreign labor does not negatively affect wages or conditions of similarly employed American workers.
The Form I-129H2A can only be filed online, and paper submissions will be rejected. Currently, this streamlined process applies only to unnamed beneficiaries filed without Form G-28. Expansion to named beneficiaries and attorney-filed petitions will follow in the coming weeks.
Petitioners preferring to file by paper must continue using the traditional Form I-129 after DOL’s approval.