USCIS Introduces New H-2A Visa Filing System to Accelerate Seasonal Worker Hiring

Starting October 2, 2025, USCIS will allow farmers to submit H-2A petitions sooner, right after the Department of Labor accepts their applications. This reform aims to expedite seasonal hiring while ensuring protections for American workers remain intact.

What’s Changing?

As of October 2, 2025, U.S. Citizenship and Immigration Services (USCIS) will implement a new rule to accelerate the hiring process for seasonal agricultural workers under the H-2A visa program. This change will benefit American farmers who depend on temporary foreign labor during crucial planting and harvest seasons.

Previously, employers needed to wait for the Department of Labor (DOL) to fully approve a Temporary Labor Certification (TLC) before filing an H-2A petition with USCIS. The new rule allows farmers and labor contractors to submit petitions for unnamed foreign workers as soon as the DOL accepts their application for certification. This adjustment will help reduce delays during critical seasonal hiring windows.

A New Form for Online Filing

Employers must now use a new form, designated Form I-129H2A, specifically for H-2A petitions with unnamed beneficiaries. This form can only be submitted online through a USCIS account; paper submissions will be rejected. Petitioners are required to include the ETA case number from the DOL when filing.

Currently, this online option is only available for unnamed beneficiaries and cases without attorney representation (Form G-28). USCIS plans to expand access in the future to cover named workers and cases filed with legal representatives. Employers who prefer paper filings can continue using the standard Form I-129, but they must wait for full DOL approval before submitting to USCIS.

Why This Matters

This new approach allows farmers to present their petitions to USCIS sooner, even before the DOL completes its review. Matthew Tragesser, a spokesperson for USCIS, emphasized that this change supports American farmers by ensuring they can hire thoroughly screened and vetted foreign labor.

The DOL remains an essential player in this process. The TLC review evaluates two key factors: whether sufficient American workers are available for the job and whether hiring foreign workers will adversely affect wages or working conditions for U.S. employees.

What Is the H-2A Program?

The H-2A Temporary Agricultural Workers Program is a U.S. visa system permitting farms and agricultural businesses to hire foreign workers for seasonal or temporary jobs when local labor is insufficient. To qualify, U.S. employers must demonstrate to the DOL that:

• There are not enough U.S. workers available for the job.
• Hiring foreign workers will not negatively impact local wages or working conditions.
• The employment is genuinely temporary or seasonal (such as planting, cultivating, or harvesting).

Most H-2A workers come from countries like Mexico, Guatemala, and Jamaica, filling essential roles that are often hard to staff domestically. For many rural U.S. communities, these workers are crucial for maintaining effective farm operations.

Conclusion

This new rule has the potential to save farmers significant time in a process often bogged down by bureaucracy. For seasonal workers, it opens up legal pathways to employment in the U.S. more quickly. For regulators, this change represents an effort to balance agricultural industry needs with the protection of American labor.

By streamlining the hiring process, USCIS aims to support both farmers and American workers more efficiently.