Beginning October 2, 2025, the United States Citizenship and Immigration Services (USCIS) will roll out a new policy designed to speed up the hiring process for seasonal agricultural workers under the H-2A visa program. This change is aimed at helping American farmers who rely on temporary foreign labor during critical planting and harvest seasons.
What Is Changing?
Previously, employers had to wait until the Department of Labor (DOL) fully approved a Temporary Labor Certification (TLC) before filing an H-2A petition with USCIS. Under the new policy, farmers and labor contractors can now submit petitions for unnamed foreign workers as soon as the DOL approves their request for qualification, instead of waiting for final authorization. USCIS will begin processing immediately but will only issue approvals once the DOL gives final clearance.
This adjustment is designed to reduce delays during peak farming periods, ensuring that workers are available when farms need them most.
New Form for Online Filing
Employers must now use a new form, Form I-129H2A, developed specifically for H-2A petitions with unnamed beneficiaries. Key details include:
- The form can only be filed online through a USCIS account
- Paper filings using this form will be rejected
- Employers must include the ETA case code from the DOL
This option currently applies only to unnamed beneficiaries without attorney representation (Form G-28). USCIS has stated that expanded access will be introduced soon to cover named employees and filings made with legal representatives. Employers who still prefer paper submissions can continue to use the general Form I-129, but they will need to wait for full DOL certification before filing with USCIS.
Why This Matters
In practice, this update allows farmers to submit their petitions to USCIS much earlier, potentially saving valuable time. According to USCIS spokesperson Matthew Tragesser, the change enables USCIS to support American farmers in their essential work while ensuring that all foreign workers remain thoroughly vetted.
The DOL will continue to play a central role in ensuring that:
- There are not enough U.S. workers available for the jobs
- Hiring foreign workers does not negatively affect the wages or working conditions of American workers
What the H-2A Program Means
The H-2A Temporary Agricultural Workers Program allows U.S. farms and agricultural businesses to hire foreign workers for seasonal or temporary jobs when local labor is insufficient. To qualify, employers must demonstrate to the DOL that:
- There are not enough available U.S. workers to fill the positions
- Hiring foreign workers will not harm the wages or conditions of U.S. workers
- The job is temporary or seasonal in nature (such as planting, cultivating, or harvesting)
Most H-2A workers come from countries like Mexico, Jamaica, and Guatemala. These workers fill labor-intensive roles that are vital to keeping U.S. farms operating effectively.
Conclusion
The new USCIS filing procedure is expected to significantly reduce bureaucratic delays, benefiting both farmers and seasonal workers. For U.S. agriculture, it represents another step toward balancing the demand for foreign labor with the protection of American jobs and wages.
FAQ
When does the new H-2A visa filing policy start?
The policy takes effect on October 2, 2025.
What is the new form for filing H-2A petitions?
Employers must use Form I-129H2A, which can only be filed online.
Can employers still file paper petitions?
Yes, but only with the general Form I-129. These cases require full DOL certification before filing with USCIS.
Who benefits from this change?
Farmers and agricultural employers benefit from faster processing, while foreign seasonal workers gain quicker access to lawful employment opportunities.
Does the DOL still review applications?
Yes. The DOL must confirm that there are not enough U.S. workers available and that hiring foreign workers will not negatively affect American workers.