The U.S. Department of Homeland Security (DHS), in coordination with the Department of Labor (DOL), has announced a final rule to modernize and streamline the filing process for certain temporary agricultural worker petitions under the H-2A program. The rule took effect on October 2, 2025.
The new regulation allows U.S. Citizenship and Immigration Services (USCIS) to begin processing petitions for H-2A temporary agricultural workers while DOL reviews the corresponding applications for temporary labor certification (TLC). The change is designed to speed up processing and provide more flexibility for U.S. agricultural employers.
“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. “When migrants choose legal pathways to employment in the United States, it benefits American businesses, public confidence in the rule of law, and the foreign workers themselves.”
Beginning October 2, petitioners seeking unnamed beneficiaries may electronically file the newly created Form I-129H2A, Petition for a Nonimmigrant Worker: H-2A Classification, after DOL issues a notice of acceptance of the TLC application and before it is approved. Petitioners must include the ETA case number issued by DOL with their initial filing, allowing USCIS to start processing sooner. However, no petitions will be approved until DOL has finalized the corresponding TLC.
The TLC serves as DHS’s consultation with DOL to confirm that no qualified U.S. worker is available for the job and that hiring foreign workers will not adversely affect wages or working conditions of similarly employed U.S. workers.
The new Form I-129H2A can only be filed online by uploading a completed PDF through a USCIS online account. Paper submissions will be rejected. Initially, the form will only be available for petitioners filing for unnamed beneficiaries without Form G-28, though DHS plans to expand its use to include named beneficiaries and those filing with legal representation in the coming weeks.
Employers who prefer to file by paper must continue to use the existing Form I-129, Petition for a Nonimmigrant Worker, and follow current procedures. The procedural updates introduced in this rule do not apply to H-2A petitions with named beneficiaries or paper-filed petitions.
According to DHS, the modernization effort aims to make the H-2A process more efficient for U.S. farmers while maintaining safeguards that protect both domestic and foreign agricultural workers.
