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USCIS to Launch Digital-Only H-2A Filing Allowing Pre-Certification Submissions on Oct. 2

The change lets agricultural employers file earlier using a new online form, with decisions held until the Labor Department certifies no harm to U.S. workers.

Overview

  • Starting October 2, employers may file the new I-129H2A online once the Labor Department has accepted a temporary labor certification application and issued an ETA case number.
  • USCIS will begin electronic processing upon receipt of the ETA case number but will not approve petitions until DOL grants the temporary labor certification.
  • The streamlined pathway is limited to petitions for unnamed beneficiaries without legal representatives and requires submission through USCIS’s digital platform.
  • Paper submissions of the I-129H2A will be rejected under the new process, formalizing a fully online workflow.
  • The H-2A program accounted for roughly 385,000 visas in FY2024, with Florida, Georgia, and California among the leading users, according to farm and labor data.