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USCIS Starts Online Early Filing for H-2A Farmworker Petitions

The agency says the digital step speeds employer submissions without bypassing Department of Labor certification.

Overview

  • Effective October 2, 2025, employers may file electronically before final labor certification as a procedural change takes effect.
  • Once the Labor Department issues a notice of acceptance, growers can submit the new Form I-129H2A online for petitions with unnamed beneficiaries.
  • USCIS will not approve any H-2A petition until the Labor Department grants the temporary labor certification to safeguard U.S. wages and conditions.
  • The I-129H2A is digital-only via a USCIS account and paper submissions of this form will be rejected, while paper filers must stick with the standard I-129 and wait for DOL approval.
  • Roughly 385,000 H-2A visas were issued in FY2024, with Florida leading usage followed by Georgia and California, underscoring the policy’s reach.