másLabor Workforce Visa Solutions

H-2A

Informational Piece

H-2 Seasonality: Proving your Need

All prospective H-2 employers must provide a “burden of proof” to ensure they are either temporary or seasonal in nature, depending on their desired program. This includes providing a justification for why they need workers when they do, but also, why they do not in the off season. For the programs, temporary and seasonal have a maximum of 10 months, per employer, geography, and occupation.

Regulatory News

Notices of Proposed Rulemaking (NPRMs)

The comment period for both of the following Notices of Proposed Rulemaking (NPRMs) concluded last quarter: H-2A NPRM ETA-2023-0003 and H-2 NPRM USCIS-2023-0012. Industry insiders have indicated that both agencies are pursuing an aggressive timeline and intend to push forward with a Final Rule sometime in 2024.

Regulatory News

USCIS Final Rule

On January 31st, 2024, U.S. Citizenship and Immigration Services (USCIS) released its Final Rule regarding fee increases for H-2A, H-2B, and immigrant visa petitions. These new fees will go into effect April 1, 2024 and are applicable to all petitions received by USCIS on or after that date.

Informational Piece

The Unnecessary Constraints of the H-2A Filing Process: No Good Deed Goes Unpunished

Once a niche topic known only in agricultural circles, the H-2A foreign guestworker program has recently entered mainstream discourse. Exacerbated by labor shortages due to COVID-19 and other economic factors, demand for H-2A visas has surged, quadrupling in the last decade. H-2A workers currently comprise an estimated 10-15% of America’s agricultural workforce, with well over a quarter of a million visas issued annually.

Regulatory News

Petition for Rulemaking on the H-2A Wage Methodology

The following petition was submitted to the Acting Secretary of Labor, Julie Su, urging the reevaluation of the Adverse Effect Wage Rate (AEWR) methodology used to determine the required minimum wages for agricultural workers employed pursuant to the H-2A nonimmigrant visa program.

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