USCIS Issues Final Rule to Streamline H-2A Petition Filings
- Meagan Kirchner
- Sep 30, 2025
- 2 min read
On September 30, 2025, the Department of Homeland Security announced a significant procedural change for employers using the H-2A temporary agricultural worker program. Beginning October 2, 2025, U.S. Citizenship and Immigration Services (USCIS) will implement a final rule designed to streamline petition filings and improve processing timelines for certain employers.
What Changed
Historically, USCIS could not begin adjudicating H-2A petitions until the Department of Labor (DOL) issued a final approval of the Temporary Labor Certification (TLC). This created bottlenecks in the process, especially for employers working against tight seasonal deadlines.
The new rule allows USCIS to begin processing petitions for unnamed beneficiaries as soon as the DOL issues a notice of acceptance of the TLC application. While petitions may now be filed earlier, USCIS will still withhold final approval until the DOL certifies the TLC.
A New Form: I-129H2A
To accommodate this change, USCIS has rolled out a new petition form:
Form I-129H2A, Petition for a Nonimmigrant Worker: H-2A Classification
This form is available only through electronic filing. Employers must upload the completed PDF into a USCIS online account.
Paper filings of Form I-129H2A will be rejected.
At this stage, the form is limited in scope. It is available only for unnamed beneficiaries and filings without Form G-28 (attorney or accredited representative). Employers filing for named beneficiaries or using attorney representation must continue to submit the traditional Form I-129 after DOL has approved the TLC. USCIS has indicated that it intends to expand access to Form I-129H2A to cover these additional categories in the coming weeks.
Why This Matters
For agricultural employers, this adjustment could mean faster movement through the USCIS stage of the H-2A process. By eliminating the wait for full DOL approval before filing, the rule opens up a new filing window that may help reduce last-minute delays during critical planting and harvest seasons.
Still, employers should be aware of several important caveats:
USCIS approval is not possible until DOL certifies the TLC. Early filing does not mean early approval.
Online filing is mandatory for the new form. Employers relying on paper processes will not benefit from this procedural change.
The scope is limited at launch. Many employers—especially those filing with legal representation—must continue using the traditional process until USCIS expands eligibility.
Looking Ahead
This final rule is part of a broader effort by USCIS to modernize and digitize its operations while providing flexibility to agricultural employers who depend on timely access to seasonal labor. The agency has signaled that additional expansions of Form I-129H2A are on the horizon.
For now, employers should:
Review their filing strategies to determine whether this early filing option applies to their workforce needs.
Ensure access to and familiarity with USCIS’s online account system.
Continue monitoring USCIS announcements for expanded eligibility in the coming weeks.
Bottom Line: The October 2 rule does not change the fundamental requirement that all H-2A petitions depend on DOL certification. But by allowing earlier engagement with USCIS, it introduces a measure of flexibility that could help employers better align their filing timelines with agricultural realities.
If you have questions about how this change may affect your H-2A workforce planning, reach out—I’m helping employers navigate these shifts step by step.
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