As the H-2B season ends, employers should review key compliance steps, from verifying worker contact details and timely departures to maintaining payroll and document records. This guide outlines essential end-of-season responsibilities to help ensure DOL and USCIS compliance.

The H-2A visa program sustains U.S. food security by providing farms with lawful, reliable labor amid ongoing domestic labor shortages.

The Department of Labor’s new Interim Final Rule, effective October 2, 2025, overhauls how Adverse Effect Wage Rates (AEWRs) are determined for H-2A agricultural workers. The rule replaces the national average with state-level data and introduces skill-based wage levels, marking a major step toward localized, market-driven wage determination. Growers and workers alike should prepare now for its wide-ranging compliance impacts.

USCIS has issued a final rule, effective October 2, 2025, introducing Form I-129H2A to streamline H-2A petition filings. Employers may now submit petitions for unnamed beneficiaries once the Department of Labor accepts a Temporary Labor Certification, before final approval. While approval still depends on DOL certification, this change could help reduce delays for agricultural employers facing seasonal deadlines.

With a possible government shutdown approaching on October 1, 2025, employers relying on H-2B visas should prepare for disruptions. While USCIS, CBP, and consulates abroad are expected to continue many operations, the Department of Labor’s FLAG system will shut down, halting prevailing wage requests, H-2B applications (ETA-9142B), H-2A applications (ETA-9142A), LCAs, and PERM filings. Early action and planning are critical to minimize delays.

The administration has proposed replacing the random H-1B lottery with a wage-based selection process favoring higher-paid roles. The rule is still in the notice-and-comment stage, but employers should prepare now. Here’s what you need to know about the proposed changes, the $100k H-1B fee, and what steps to take next.

The White House issued an Executive Order on September 19, 2025, imposing a $100,000 fee on all new H-1B petitions, effective September 21. Initial confusion suggested the fee could apply to all H-1B workers abroad, but USCIS and CBP later clarified it applies only to new filings, with possible exemptions for extensions and amendments. The administration has since confirmed physicians and medical residents may also be exempt, though further guidance is pending.

H-2B visa workers must pay U.S. taxes, including federal income tax, most state income taxes, and Social Security and Medicare contributions. Employers are required to withhold the correct amounts and issue W-2 forms each year. Workers must also file annual tax returns—usually as nonresidents using Form 1040NR. Staying compliant is critical, not just to avoid IRS penalties, but to protect future visa and green card opportunities.

The Heritage Foundation’s latest report and a new DHS proposal both call for replacing the H-1B lottery with a wage-based selection system. While framed as targeting “top talent,” this shift risks shutting out small businesses, start-ups, and early-career professionals. By prioritizing the highest salaries, the policy could further concentrate visas among large corporations and reduce diversity in the U.S. high-skilled labor market.

Many agricultural employers lose critical harvest help by starting the H-2A visa process too late. With a 75–90 day minimum timeline, waiting until crops are nearly ready means workers won’t arrive in time. Learn the steps to secure seasonal labor, key program requirements, and why planning months ahead is essential to keeping your harvest on track and your operation running smoothly.