H-2A Filing Gets Faster Under New Rule
For farms that depend on seasonal labor, timing is everything. A final rule from the Department of Homeland Security — effective October 2, 2025 — aims to speed up the H-2A process by letting USCIS begin processing certain petitions earlier, while the Department of Labor is still reviewing the job. Here is what agricultural employers should know.
This is general information about a current rule, not legal advice. Confirm the details at uscis.gov.
What changed
The H-2A program lets U.S. agricultural employers hire temporary foreign workers for seasonal work when there are not enough available U.S. workers. The process involves two agencies: the Department of Labor (DOL), which reviews a temporary labor certification (TLC) to protect U.S. workers, and USCIS, which adjudicates the immigration petition.
Under the old sequence, USCIS generally waited for DOL to approve the TLC before processing the petition. The new rule changes that for petitions with unnamed beneficiaries:
- Petitioners can electronically file the new Form I-129H2A (Petition for a Nonimmigrant Worker: H-2A Classification) after DOL issues a notice of acceptance of the TLC application — before DOL approves the TLC.
- The petitioner must provide the ETA case number issued by DOL with the initial filing.
- USCIS can begin processing immediately, giving employers the flexibility to file sooner.
- Important: USCIS will not approve any petition until after DOL approves the corresponding TLC.
What this means for farm employers
- You may be able to file with USCIS earlier in the cycle, shortening the overall timeline for getting workers in place for the season.
- Use the right form and number. The change involves the Form I-129H2A for unnamed beneficiaries and requires the DOL ETA case number up front.
- The DOL certification still controls approval. Filing early speeds processing, but no petition is approved until the TLC is approved.
Why this matters
In agriculture, a delay of even a few weeks can mean a missed planting or harvest window. Letting USCIS start work sooner — while DOL finishes its review — is a practical change that can help employers get seasonal workers in place on time.
How we can help
If you are an agricultural employer navigating the H-2A process, we can help you use the new filing flexibility correctly and keep your seasonal workforce on schedule. As a firm led by a former U.S. Immigration Judge, we help businesses with employment-based immigration. To plan your season, contact us.
Frequently asked questions
What is the main change to H-2A filing?
Effective October 2, 2025, USCIS can begin processing certain H-2A petitions (with unnamed beneficiaries) after DOL issues a notice of acceptance of the labor certification application — before DOL approves it — using the new Form I-129H2A.
Does this mean my petition will be approved faster?
USCIS can start processing sooner, but it will not approve the petition until DOL approves the temporary labor certification. Early filing shortens the overall timeline.
What do I need to file early?
The new Form I-129H2A, filed electronically, and the ETA case number issued by DOL with the initial filing.
This article is general legal information about a current rule, not legal advice, and does not create an attorney–client relationship. Rules and forms change; confirm the current requirements at uscis.gov and consult a qualified attorney about your specific situation.