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.

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.