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.

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 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.

President Trump’s new travel ban, effective June 9, 2025, blocks or restricts U.S. visa access for 19 countries. Twelve face a full suspension for both immigrant and nonimmigrant visas, while seven face targeted limits, especially on tourist, student, and exchange visas. While some exceptions apply, the policy significantly disrupts travel, employment, and education plans. Affected individuals should consult legal counsel for guidance.

A proposed 5% federal tax on remittances sent by non-citizens could significantly impact legal visa holders, including those on H-2A and H-2B visas. While aimed at deterring unauthorized immigration, the measure may disrupt essential financial support that seasonal workers send home—money that sustains families and communities abroad.

The H-2B cap makes securing seasonal workers in spring a gamble—but smart employers can use the October Strategy to improve their odds. By hiring in the fall or winter, workers are counted against the new fiscal year cap and become cap exempt for spring. This approach can even work for different winter roles, like snow plow drivers. With prevailing wages taking 30–35 days, now’s the time to act—contact me to explore if this strategy fits your business.