Department of Homeland Security Finalizes Rule to Streamline H-2A Agricultural Worker Petition Filing

The Department of Homeland Security (DHS) announced a final rule, effective October 2, 2025, to streamline the process for filing petitions related to the H-2A temporary agricultural worker program. The new regulation introduces a mechanism for concurrent processing of petitions by federal agencies, aimed at accelerating the administrative timeline for employers seeking temporary foreign labor.

Concurrent Processing Established

The final rule authorizes U.S. Citizenship and Immigration Services (USCIS) to initiate the processing of H-2A petitions while the Department of Labor (DOL) completes its mandatory review of the employment request.

The DOL’s review process culminates in the issuance of a Temporary Labor Certification (TLC). The TLC serves as the determination of whether an able, willing, and qualified U.S. worker is available to fill the petitioning employer’s job opportunity, and whether the employment of an alien worker would adversely affect the wages or working conditions of similarly employed U.S. workers.

The procedural change allows USCIS to begin review immediately after receiving initial acceptance documentation from the DOL. USCIS Spokesperson Matthew Tragesser stated that the modification supports U.S. agricultural enterprises by facilitating the lawful employment of foreign workers.

New Electronic Filing Requirements

Effective October 2, 2025, petitioners seeking unnamed beneficiaries are permitted to electronically file the newly published Form I-129H2A, Petition for a Nonimmigrant Worker: H-2A Classification, after the DOL issues a notice of acceptance for the TLC application, but before the final TLC is approved.

Petitioners must include the ETA case number, issued by the DOL, with the initial electronic submission. This submission timeline grants petitioners the flexibility to file with USCIS sooner than under the previous sequential process. However, USCIS will not issue final approval for any petition until the DOL has formally approved the corresponding TLC.

The new Form I-129H2A is a specialized, streamlined version of the general Form I-129, Petition for Nonimmigrant Worker. Submissions must be filed online exclusively by uploading the completed PDF via a USCIS online account. The agency confirmed it will reject all paper-filed Form I-129H2A petitions.

Scope and Exceptions

The initial availability of electronic filing via Form I-129H2A is restricted to petitioners seeking unnamed beneficiaries and those filing without Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. USCIS indicated plans to expand the electronic option in the coming weeks to include H-2A petitioners seeking named beneficiaries and those who file with the representative designation form, Form G-28.

For petitioners who prefer to submit their H-2A petition via paper, no change in procedure applies. These petitioners must continue to use the original Form I-129 and are required to submit their petition to USCIS only after receiving the approved TLC application from the DOL. This sequential filing requirement also remains in effect for all paper filings and all H-2A petitions requesting named beneficiaries.

Headline image description: The Department of Homeland Security are planning to streamline petitions for H-2A Agricultural Workers permit, expanding their current electronic option. Photo by Jae Hoon Kim via Pixabay.