

H-2B Seasonality: Can Your Business Records Explain Your Staffing Need?
A busy season alone does not establish H-2B eligibility. Learn how payroll, contracts, staffing patterns, and other business records can support your temporary need, requested worker count, and employment dates, plus how seasonal and peakload needs differ.


Could H-2A or H-2B Fit Your Seasonal Workforce Plan?
Could H-2A or H-2B help your business prepare for its next busy season? Learn how the programs differ, why the duties and timing of the work matter, and what employers should review before starting the filing process.


New H-2A Wage Rates Are Here: What Agricultural Employers Need to Know
New H-2A Adverse Effect Wage Rates take effect August 3 (August 17 in select states), and the change catches many employers mid-season. Here's the key question answered: if the new AEWR is higher than what you're currently paying, you must raise wages immediately, even on already-certified job orders. If it's lower, the previously certified rate stands. Full breakdown of effective dates, the Big 5 vs. other-occupation rate split, surety bond impact, and California's AB 2646.


USCIS Issues Guidance on H-2A Visas for Dairy Operations: What It Does (and Doesn’t) Change
USCIS issued a new policy memo on H-2A visas for dairy operations, and the coverage has overstated what it actually does. The memo does not create a new pathway or lower the bar. It fills a gap in written guidance and standardizes how adjudicators review dairy petitions. Here is what changed, what did not, and what it means if you are considering H-2A for your dairy operation.


Part 3: The EB-3 Category, the Visa Backlog, and What Realistic Timelines Actually Look Like
Most employers are surprised by the H-2B to EB-3 green card timeline — and that surprise is what derails the process. From prevailing wage request to a worker arriving as a permanent resident, you're looking at four to five years under current conditions. That's not a reason to wait. It's a reason to start now. The pipeline rewards early action, and every year you delay is a year further back in line.
A Critical Window for H-2B Reform: The Certified Seasonal Employer Designation
If you've been using the H-2B program for five or more years and doing everything right — timely filings, clean compliance record, consistent DOL labor certifications — there's a piece of pending legislation that could meaningfully change how the annual cap affects your business. The Certified Seasonal Employer (CSE) Designation would permanently exempt qualifying employers' peak historical workforce from the 66,000 annual cap. But the window to support it is narrow, and it o
Why the H-2A Visa Program Is Central to America’s Food Security
The H-2A visa program sustains U.S. food security by providing farms with lawful, reliable labor amid ongoing domestic labor shortages.


Harvesting Change: The New H-2A Wage Rule for Agricultural Employers
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 Issues Final Rule to Streamline H-2A Petition Filings
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.


What a Federal Government Shutdown Could Mean for the H-2 Programs and U.S. Immigration Processing
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.
































