Labor & Employment Law Daily Wrap Up, FEDERAL REGULATIONS—H-2A process updated to allow USCIS to process petitions while DOL review pending, (Oct 1, 2025)

By Patricia K. Ruiz, J.D.

The change is meant to modernize and streamline the H-2A process.

A final rule from the Department of Homeland Security (DHS) modifies the process for certain temporary agricultural worker petitions. Under the final rule, U.S. Citizenship and Immigration Services (USCIS) may begin processing petitions for H-2A temporary agricultural workers while the Department of Labor (DOL) reviews the requested employment to ensure it would not harm American workers. The final rule is effective October 2, 2025.

Timing change. Petitioners seeking unnamed beneficiaries may, beginning October 2, 2025, electronically file a petition for a nonimmigrant worker after DOL issues a notice of acceptance of the application for temporary labor certification (TLC) and before DOL approves a TLC. A TLC serves as DHS’s consultation with the DOL regarding whether an able, willing, and qualified U.S. worker is available to fill the petitioning employer’s job opportunity and whether an alien worker’s employment in the position will adversely affect the wages or working conditions of U.S. workers who are similarly employed. Then, USCIS may immediately begin processing electronically filed petitions with unnamed beneficiaries, giving petitioners the flexibility to file with USCIS sooner. However, USCIS will not approve any petitions until after DOL has approved the corresponding TLC.

Online filing required. Along with the final rule, DHS published the new Form I-129H2A, Petition for a Nonimmigrant Worker: H-2A Classification. The new form may only be filed online by uploading the completed PDF in a USCIS online account; USCIS will reject any paper filings. Petitioners who prefer to file by paper must continue to use Form I-129, Petition for Nonimmigrant Worker.

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