H-2A Reforms Raise Costs and Uncertainties for U.S. Farmers

Farm employers across the United States 🇺🇸 will face a very different H-2A visa program this fall, as new filing rules, a revised wage rate system, and fresh fees take effect around the start of the federal fiscal year. The most immediate shift arrives on October 2, 2025, when petitioners seeking unnamed workers can file earlier with U.S. Citizenship and Immigration Services (USCIS) once the Department of Labor (DOL) issues a notice of acceptance for a temporary labor certification. That earlier filing window aims to speed the process, but USCIS will still hold approvals until DOL finishes the certification. At the same time, a new wage calculation will lower hourly pay in most states, and a separate “visa integrity fee” of at least $250 per visa will begin one day earlier, on October 1, 2025.

The H-2A visa program lets agricultural employers hire foreign workers for temporary or seasonal jobs. Farmers have leaned on it more as local hiring has fallen short. But the 2025 rule changes create a complex puzzle: lower mandated pay in many places, new timing and paperwork rules, a temporary pause on some certification fees, and worker protections that are currently on hold after a court fight. Industry groups call the system confusing; worker advocates fear weaker safeguards. Many growers simply want clarity before their next harvest schedule begins.

Filing timing and petition process

Under the filing change taking effect on October 2, 2025, employers with unnamed beneficiaries can submit Form I-129H2A to USCIS after DOL issues a notice of acceptance for the temporary labor certification, even if the certification itself is not yet approved. USCIS will not approve the petition until DOL finishes the temporary labor certification, but the earlier filing may help employers line up workers sooner.

Employers who need the form should see USCIS’s Form I-129 page, which is used to petition for H classifications, including H-2A, and can be found at Form I-129, Petition for a Nonimmigrant Worker.

Key point: earlier filing can shorten lead time but does not eliminate the need for DOL to complete certification before USCIS approval.

Wage rule overhaul (AEWR reset)

The most sensitive change for employers and workers alike is the wage rule. DOL has replaced the prior system—which relied on the U.S. Department of Agriculture’s Farm Labor Survey—with a method based on state-level wage data from the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics (OEWS) survey.

This will reset the Adverse Effect Wage Rate (AEWR), the minimum pay employers must offer to ensure U.S. workers are not harmed by lower-paid foreign labor. According to DOL’s projections, the shift to OEWS will:

• Reduce hourly wages for H-2A workers in most states.
• Produce cuts ranging from $1.12 to $3.18 per hour depending on location.

For 2025, AEWRs (before any housing adjustments) include:

These reductions will likely lower labor costs for many employers, though the savings may be partly offset by new fees and added compliance steps.

Housing and cash-wage adjustment

Housing remains a major factor in the H-2A equation. Most H-2A workers receive employer-provided housing at no cost. DOL will now allow a standard downward cash wage adjustment to reflect that housing value.

• Purpose: better align the pay rate with total compensation (cash + in-kind housing).
• Effect: exact savings vary by state AEWRs and how DOL applies the standard adjustment.

Visa integrity fee

Farmers will also face a new visa integrity fee beginning October 1, 2025.

• Charged by the Department of Homeland Security (DHS) at at least $250 per nonimmigrant visa, including H-2A.
• The Secretary of Homeland Security may increase the fee annually for inflation.
• Outstanding questions remain:
  • How the fee applies when H-2A workers change employers or extend stay (up to 3 years).
  • Who pays up front: employers, recruiters, or workers?
  • How to handle mid-season moves between farms.

These unknowns are generating concern among employers and recruiters.

Temporary DOL certification fee suspension & online transition

One welcome cost break arrives just before the filing changes: DOL will temporarily suspend collection of H-2A employment certification fees starting September 2, 2025 as it moves to an online system.

• Potential benefit: easing cash flow for growers who file large requests.
• Operational impact: signals a broader digital shift requiring new training, workflows, and possible vendor support—especially for small and mid-sized farms that rely on paper processes.

Worker protections and suspended 2024 Final Rule

Another moving part is worker protection. The DOL’s 2024 Final Rule—designed to expand protections for H-2A workers—was suspended from enforcement on June 20, 2025 after industry pushback and legal challenges.

• Result: certain rules employers had prepared to follow are not currently in effect.
• Worker advocates: say the suspension exposes foreign and U.S. workers to greater risk of abuse.
• Industry groups: argue parts of the 2024 rule would have added high compliance costs and made it harder to fill time-sensitive jobs.

DHS proposed eligibility and flexibility changes (proposed, not final)

DHS has proposed several eligibility and flexibility changes. These are proposals—employers should monitor DHS updates to see which become final.

Proposed items include:

• Removing the H-2 Eligible Country List, allowing recruitment from any country.
• Shortening the “reset” period for H-2 eligibility from 90 days to 60 days after three years in H status.
• Aligning H-2A and H-2B grace periods to 10 days before work begins and 30 days after it ends.
• Expanding the grace period to 60 days for workers to find a new job or change status after termination or resignation.
• Making it easier to transfer H-2 workers between employers once a transfer petition is filed.
• Redefining “immigrant intent” so H-2 workers can seek permanent residency without losing visa status.

Program limits and sector impacts

While 2025 brings more flexibility in filing and potential cost relief from lower AEWRs, some long-standing limits remain:

• The H-2A program covers only temporary or seasonal jobs.
• Year-round sectors—especially dairy and pork—remain excluded despite chronic labor shortages.
• Producers in year-round operations often must:
  • Restructure jobs into seasonal roles (difficult operationally), or
  • Continue searching for domestic hires.

Delays in certification or consular processing can push back start dates and risk crops tied to tight calendars.

Practical impact: what growers and workers can expect

For growers, the 2025 package delivers mixed news:

• Lower labor costs in many states due to AEWR reductions, plus a housing-based cash wage adjustment.
• An added $250+ visa integrity fee per worker from October 1, 2025, with potential yearly increases.
• A temporary suspension of DOL certification fees from September 2, 2025, easing some upfront costs.
• Earlier USCIS petition filing on October 2, 2025 for unnamed workers, after a DOL notice of acceptance.
• Ongoing uncertainty, since key worker protections from the 2024 Final Rule are not being enforced.

For workers:

• Lower AEWRs mean smaller paychecks in many locations, though free housing remains standard and is now recognized through a wage adjustment.
• Proposed changes—if adopted—could improve mobility (simpler transfers) and increase time to find new work after a job ends.
• Redefining “immigrant intent” could allow H-2 workers to pursue permanent residency without risking visa status—but this is only proposed.

Operational considerations and recommended next steps

Practical steps for this fall include:

1. Build extra time into hiring plans to allow for certification and consular delays.
2. Review state AEWRs under the OEWS method to understand the new wage floor.
3. Budget for the visa integrity fee starting October 1, 2025.
4. Prepare for DOL’s online transition tied to the fee suspension on September 2, 2025:
   • Arrange training and updated workflows.
   • Evaluate whether outside vendor or legal support is needed.
5. Monitor DHS for updates on proposed eligibility and flexibility changes.

For official guidance, USCIS maintains an H-2A resource page at H-2A Temporary Agricultural Workers.

Key dates to mark

• September 2, 2025 — DOL suspends collection of H-2A certification fees (temporary) and begins online transition.
• October 1, 2025 — DHS’s visa integrity fee takes effect ($250+ per visa).
• October 2, 2025 — USCIS accepts earlier petition filing (Form I-129H2A) for unnamed beneficiaries after a DOL notice of acceptance.

Important: Even with the October 2 filing change, DOL must still complete the temporary labor certification before USCIS can approve a petition. Employers should plan for possible bottlenecks that can affect planting, pruning, and harvest windows.

The next few months will test whether the updated filing window and the revised wage system can deliver a steadier labor pipeline. Growers are working through the numbers: how much the AEWR drop saves in their state, how the housing-based adjustment applies, how many workers need visas, and how many must be budgeted for the integrity fee. Worker advocates will watch if lower wages change job quality or turnover. Employers will watch to see if earlier filing reduces last-minute crunch.

For now, the message is simple: mark your calendar for the key dates—September 2, 2025, October 1, 2025, and October 2, 2025—and prepare for a season in which the rules are shifting while the work in the fields carries on.