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.

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.

Planning a trip to the U.S. soon? There's a significant new cost to consider: the U.S. Visa Integrity Fee. Signed into law, this non-waivable $250 charge applies to most nonimmigrant visa holders, including tourists, students, and temporary workers.

The H-2B visa process isn’t a true lottery, but it can feel like one. During peak filing periods, employer applications are randomly grouped by the Department of Labor, and only those in the earliest groups may secure visas before the cap is reached. Even with DOL certification, a USCIS petition may be unsuccessful if visas run out. However, workers already in H-2B status may be cap-exempt and not subject to these limits.

The U.S. Department of Labor has proposed rescinding the 2024 H-2A Final Rule, which had expanded protections for temporary agricultural workers. The rule included NLRA-style rights, seatbelt mandates, stricter termination rules, and increased data reporting. Legal challenges and enforcement concerns have prompted DOL to reconsider. Employers should watch this rollback closely for its impact on H-2A compliance and farm labor operations.