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October 3, 2025

DHS and DOL Modernize and Streamline H-2A Process

Effective October 2, 2025, the Department of Homeland Security issued a final rule that lets H-2A petitioners for the first time file electronic petitions. They will also be able to file earlier for unnamed beneficiaries when filing electronically. Under the rule, USCIS may begin processing an H-2A petition after the Department of Labor issues a Notice of Acceptance (NOA) on the temporary labor certification (TLC) application, rather than waiting for the certification to be approved. USCIS still cannot approve the petition until DOL certifies the TLC. 

What changed 

  • Who qualifies: H-2A petitions for unnamed beneficiaries that are filed electronically using the new Form I-129H2A. Petitions naming specific workers are not yet eligible for this change. 
  • When you can file: After DOL issues an NOA on the TLC application. USCIS will verify the NOA and later the certification directly with DOL. 
  • Process impact: USCIS can now process in parallel with DOL (“concurrent processing”), which can move decisions forward sooner. 

Members with questions about the new streamlining initiative should contact the Western Growers H-2A Services Team.