Starting October 2, 2025, U.S. Citizenship and Immigration Services (USCIS) will roll out a new rule designed to speed up the hiring process for seasonal farm workers under the H-2A visa program. The change should make life a little easier for American farmers who rely on temporary foreign labor during critical harvest and planting seasons.

What’s Changing?

Until now, employers had to wait for the Department of Labor (DOL) to fully approve a Temporary Labor Certification (TLC) before filing an H-2A petition with USCIS. The new rule tweaks that timeline.

Farmers and labor contractors can now submit petitions for unnamed foreign workers as soon as the DOL accepts their application for certification, instead of waiting for the final approval. This gives USCIS a head start on processing, though it will still hold off on approving any petition until the DOL signs off.

The shift aims to cut down delays during the tight seasonal windows when farmers need workers on the ground fast.

A New Form for Online Filing

• Employers must use a new form, called Form I-129H2A, which is specifically for H-2A petitions with unnamed beneficiaries.
• The form can only be filed online through a USCIS account. Paper filings of the new form will be rejected.
• Petitioners need to provide the ETA case number from the Department of Labor when submitting.

As of now, the option is only available for unnamed beneficiaries without attorney representation (Form G-28). USCIS says it plans to expand access soon to cover named workers and cases filed with legal representatives.

Employers who prefer paper filing can keep using the standard Form I-129, but in those cases, nothing changes; they must still wait for full DOL approval before submitting to USCIS.

Why This Matters

In practice, this means farmers can get their petitions in front of USCIS sooner, even before the DOL finishes its review.

Matthew Tragesser, a USCIS spokesperson, explained the motivation: “This change allows USCIS to support American farmers in their critical work for our nation while also ensuring that they hire thoroughly screened and vetted foreign labor.”

The DOL still plays a key role. The TLC review checks two things: whether there are enough American workers willing and able to take the job, and whether hiring foreign workers would negatively affect wages or working conditions for U.S. employees.

What Is the H-2A Program?

The H-2A Temporary Agricultural Workers Program is a U.S. visa system that allows farms and agricultural businesses to hire foreign workers for seasonal or temporary jobs when there are not enough local workers available.

To qualify, U.S. employers must prove to the Department of Labor that:

• Not enough U.S. workers are available for the job.
• Bringing in foreign workers will not negatively affect the wages or conditions of local workers.
• The employment is genuinely temporary or seasonal in nature (such as planting, cultivating, or harvesting).

Most H-2A workers come from countries like Mexico, Guatemala, and Jamaica, taking jobs that are essential but often tough to fill domestically. For many rural U.S. communities, these workers are vital to keeping farms running smoothly.

Bottom Line

This new rule could save farmers valuable time in a process that often gets tangled in red tape. For workers, it means legal pathways to seasonal jobs in the U.S. may open more quickly. And for U.S. regulators, it’s another attempt to balance the needs of the agricultural industry with protections for American labor.