DHS Doubles Down: Streamlined H-2A Filing for Agricultural Workers

(UNITED STATES) The Department of Homeland Security moved to speed up farm labor hiring this fall, announcing that, starting October 2, 2025, employers in the H-2A program can file certain petitions electronically and earlier in the process. The change lets U.S. Citizenship and Immigration Services (USCIS) accept electronic filings of Form I-129H2A for H-2A temporary agricultural workers once the Department of Labor (DOL) issues a notice of acceptance for a Temporary Labor Certification (TLC)—even before the TLC is formally approved. Approvals will still wait for a final TLC, but USCIS can begin work sooner, which could help farms bring crews on time for harvest.

DHS framed the shift, effective as of September 30, 2025, as a targeted fix to an annual bottleneck that can leave crops at risk. Farmers often face tight planting and picking windows. When workforce is short, delays of even a few days carry real costs. Allowing early USCIS processing after DOL’s acceptance notice—and permitting petitions with unnamed workers—aims to trim that delay while keeping protections for U.S. workers in place.

USCIS confirmed that filings under this change must be electronic. Paper filings will be rejected. Employers must include the DOL-issued ETA case number with the initial submission. These conditions are meant to keep cases moving cleanly between agencies and to reduce back-and-forth on incomplete files. According to analysis by VisaVerge.com, earlier intake at USCIS could help spread adjudications over more weeks, easing last-minute surges that strain both employers and the agency.

Policy changes — what they do and do not change

Under the H-2A program, farms can hire noncitizens to fill seasonal or temporary jobs when there aren’t enough U.S. workers available. The Temporary Labor Certification issued by DOL is the cornerstone: it confirms recruitment steps were taken and that hiring H-2A workers will not hurt wages or conditions for U.S. workers.

The new DHS step does not change that standard. Instead, it allows a petition to move into the USCIS queue once DOL signals the case has been accepted for processing, rather than forcing employers to wait until the final TLC is issued.

Key operational points DHS and USCIS highlighted:

• Electronic filing only: Starting October 2, 2025, petitioners can file Form I-129H2A online. Submissions on paper will not be accepted and will be rejected.
• Earlier intake: USCIS can begin processing petitions after DOL’s notice of acceptance for the TLC; final approvals will still await the formal TLC.
• Unnamed beneficiaries allowed: Employers may file for H-2A workers even if individual worker details are not yet finalized.
• Mandatory ETA case number: The DOL-issued ETA case number must be included at filing to match records across agencies.

USCIS emphasizes that these steps do not reduce worker safeguards. Final approvals remain contingent on DOL’s certification, preserving the requirement to demonstrate labor shortages and maintain fair pay and conditions.

For farms, the promise is earlier predictability—knowing petitions are moving while DOL completes its review. Employers should align internal calendars accordingly: filing too late, or without the correct ETA case number, will still risk start-date misses.

Filing logistics and technical readiness

USCIS requires electronic-only filings under this change, so technical and administrative readiness is essential.

Recommendations for employers:

1. Confirm the ETA case number is available and included on the initial USCIS submission.
2. Prepare to file Form I-129H2A electronically on or after October 2, 2025.
3. Set up USCIS accounts and ensure authorized signers are in place.
4. Prepare scanned evidence and documentation for upload.
5. Build extra time for DOL’s TLC to be finalized—USCIS cannot approve until the final certification posts.

USCIS’s H-2A portal, guidance, and timelines are available on the official page for H-2A workers: USCIS H-2A Temporary Agricultural Workers.

Impact on employers, workers, and the agricultural sector

• For growers:
  • Earlier intake could reduce the cascade of delays that follow a late TLC.
  • If USCIS finishes much of its review before DOL issues the final certification, approvals and subsequent visa processing can happen faster.
  • In the United States 🇺🇸, where many crops have narrow harvest windows, that timing can determine whether product is sold fresh, processed, or lost.
• For workers:
  • Earlier petition processing paired with post-recruitment naming can support steadier planning.
  • Protections remain: no approval without a final TLC, and standard H-2A worker protections (wages, housing, contracts) continue to apply.
  • Worker advocates will monitor whether faster processing preserves contract clarity, fair wages, and adequate housing.

Contextual factors:

• The policy comes amid calls from Congress and the farm sector to modernize H-2A, including discussion of the Farm Workforce Modernization Act.
• The DHS action is administrative, not legislative, but aligns with broader efforts to make seasonal labor flows more predictable.

Practical hurdles and costs

H-2A filings remain complex and can be expensive. Employers need to manage:

• Multiple agency fees (which have increased in recent years).
• Recruitment obligations and proof of recruitment steps.
• Housing and transportation responsibilities for workers.
• Compliance costs that electronic filing reduces only marginally (e.g., postage), but does not eliminate core program costs.

VisaVerge.com reports rising fee levels and notes that farms continue to budget carefully for these increases. Electronic-only filing will save postage and reduce courier rushes, but significant compliance costs remain.

USCIS also recognizes real-world recruitment unpredictability. Allowing unnamed beneficiaries accommodates cross-border recruitment realities—workers may shift farms or finalize commitments late. However, USCIS will still require sufficient detail to confirm job terms, work locations, and seasonal periods, which are essential for adjudication and visa issuance.

Practical checklist for employers hiring fall/winter H-2A workers

• Confirm the ETA case number appears on the initial USCIS submission.
• Plan to file Form I-129H2A electronically on or after October 2, 2025.
• Allow time for DOL’s TLC to finalize; USCIS cannot approve petitions until DOL’s certification is posted.
• Coordinate with consular posts once approvals issue so workers can secure visas and travel in time for start dates.
• Map contingency plans for delayed or modified TLCs and communicate potential start-date shifts to recruiters and workers.

Early USCIS intake helps reduce timing risk, but final approval still depends on DOL’s decision. Clear communication with recruiters and workers can reduce stress for families relying on seasonal wages.

Final takeaways

Officials say the program’s core aim remains unchanged: meet real farm labor gaps while protecting U.S. workers’ jobs and pay. By moving some tasks earlier and implementing fully digital petition intake for Form I-129H2A, DHS hopes to cut avoidable lag. For growers facing frost deadlines or fast-ripening fruit, even a few days gained can matter.

USCIS reminds filers that the correct form for these filings is Form I-129H2A. Guidance on eligibility, evidence, and filing steps is provided on the agency’s H-2A page here: USCIS H-2A Temporary Agricultural Workers. Employers should use the most current instructions posted by USCIS and monitor for follow-up updates tied to this rollout.

As the fall season begins, the test will be how these changes play out in real time. If early intake shortens the gap between DOL certification and workers’ arrival, the policy could make a measurable difference in the fields—and at family tables that depend on those harvests.