Related videos:
Starting from October 2, 2025, the United States Citizenship and Immigration Services (USCIS) may begin processing certain applications for temporary H-2A agricultural workers before they are approved by the Department of Labor (DOL).
According to an official publication from the Department of Homeland Security (DHS), the new rule will allow USCIS to accept electronic petitions in cases where employers have not yet identified the beneficiaries by name, provided that the DOL has already issued a notification of acceptance for the temporary labor certification (TLC) application.
This change aims to streamline the process without compromising the rigorous verification that foreign workers do not negatively impact American employees.
USCIS spokesperson Matthew Tragesser stated that the measure supports American farmers, ensures the legality of the process, and promotes public trust.
The new procedure offers more flexibility to petitioners, who will be able to submit the form digitally ahead of time.
The agency also launched a simplified version of the petition form, the I-129H2A, which will be accepted only online and exclusively for petitioners without legal representatives and with beneficiaries not identified by name.
Those who use named beneficiaries or printed forms must follow the previous process.
The TLC remains necessary to determine whether there are available American workers to fill the vacancies and whether hiring foreign workers could impact their working conditions.
USCIS will only approve the applications once the DOL has granted the corresponding certification.
During this year, President Donald Trump has promoted a series of immigration measures that have directly impacted the agricultural sector.
In one of his most controversial statements, he suggested that he could halt the deportations of farm workers, while discussing the "certain usefulness" of migrants in the rural economy. However, those words soon contrasted with more restrictive actions.
Days later, the political environment became uncertain for migrants in the sector when Trump announced that he would soon decide on the deportation of agricultural workers, causing concern among employers and migrant communities.
This stance became even stricter when he revoked a program that facilitated the temporary employment of foreigners, particularly impacting those who relied on the H-2A visa to secure legal contracts in the U.S. agricultural sector.
In the midst of that restrictive line, Trump later acknowledged the importance of immigrants in the field, hinting at possible adjustments that could allow for some flexibility in hiring processes, although without reversing previous measures.
Frequently asked questions about changes in the H-2A agricultural worker application process in the U.S.
What is the main change in the H-2A agricultural worker application in the U.S.?
Starting from October 2, 2025, USCIS will process certain H-2A applications before the approval of the Department of Labor. This will expedite the process as long as the DOL has issued a notice of acceptance for the temporary labor certification application (TLC).
How will this change affect agricultural employers in the U.S.?
The new rule provides more flexibility to employers, allowing them to submit the petition form electronically earlier and without the need to identify beneficiaries by name. This supports American farmers and aims to ensure the legality of the process.
What requirements remain for H-2A worker applications?
The TLC remains necessary to determine the availability of American workers and whether the hiring of foreign workers could impact their working conditions. USCIS will only approve the applications once the DOL grants the corresponding certification.
Filed under: