Murthy Snapshot: Streamlined Filing Process for H2A Temporary Agricultural Workers

The U.S. Citizenship and Immigration Services (USCIS) recently implemented a revision to the filing process for certain H2A temporary agricultural worker petitions. Here are the key points you need to know:

• Petitioners seeking unnamed H2A beneficiaries can electronically file a petition for a nonimmigrant worker: H2A classification (form I-129H2A) after the U.S. Department of Labor (DOL) has issued a notice of acceptance, and before the DOL has approved the temporary labor certification.
• This will allow the USCIS to immediately begin processing the H2A petition. However, approvals will not be issued until the DOL has certified the temporary labor application.
• At this time, the process does not allow legal representatives to file on behalf of employers. The USCIS expects to expand the process to allow legal representation in the near future.
• Those with named beneficiaries must continue to utilize the traditional paper filing process and must wait for the temporary labor application to be certified prior to filing the petition.

Your Takeaway

This new streamlined process is beneficial for employers that utilize the H2A program, especially for those with a history of augmenting their labor needs. However, the current criteria of the streamlined process significantly limit its overall value to agricultural employers. Nonetheless, it is a step in the right direction, and we are hopeful it will be expanded to those with legal representation and to employers with named beneficiaries.

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