The US Department of Homeland Security will implement a final rule on October 2nd, 2025, changing how certain H-2A visa petitions for temporary agricultural workers are filed and processed.
The rule changes how some H-2A petitions are filed to allow faster processing while still following worker protection rules.
Revealed in an announcement from the US Citizenship and Immigration Services (USCIS) on September 30th, the change allows the agency to begin processing H-2A petitions for unnamed beneficiaries before the Department of Labour (DOL) has approved a temporary labour certification (TLC), provided DOL has issued a notice of acceptance for the application.
This procedural change is intended to reduce delays for America’s agricultural employers.
Early Processing of Petitions for Unnamed Beneficiaries
Under the new rule, petitioners seeking unnamed H-2A beneficiaries may electronically file a newly introduced version of Form I-129, known as Form I-129H2A, after receiving a notice of acceptance from DOL. They must include the ETA case number from DOL in the initial filing. USCIS will begin processing these petitions immediately, but final approval will still require a DOL-approved TLC.
Matthew Tragesser, a spokesperson for USCIS, stated, “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 labour.”
He added that legal pathways to employment benefit businesses, public confidence, and the foreign workers.
Online Filing Requirement and Limitations
The Form I-129H2A must be filed electronically through a USCIS online account by uploading a completed PDF. Paper versions of the new form will be rejected. Currently, the form is only accepted for petitioners seeking unnamed beneficiaries and not filing with Form G-28.
USCIS plans to expand eligibility to petitioners with named beneficiaries or those filing with Form G-28 in the coming weeks.
Petitioners who wish to file by paper must continue using the standard Form I-129. The new filing option does not apply to paper filers or petitions involving named beneficiaries, who must still wait until the DOL has approved the TLC before submitting petitions to USCIS.
TLC Requirement Remains in Place
Although the new rule allows for earlier submission of certain petitions, DHS noted that no H-2A petition will be approved until the DOL has completed its labour certification. The TLC serves as a required consultation with the DOL to determine whether there are qualified US workers available and whether the employment of foreign workers would affect US wages or working conditions.
Expanded Access Expected Soon
USCIS stated that it will expand the availability of the electronic Form I-129H2A soon, allowing more petitioners to use the simplified system. Until then, only certain categories of petitioners can use the electronic process.
Further information about the rule and filing requirements is available at uscis.gov. Updates will also be shared through USCIS’s official social media channels.
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