United States | DHS streamlines H-2A petition process with new electronic filing option

The Department of Homeland Security published a final rule, effective Oct. 2, 2025, that allows U.S. Citizenship and Immigration Services to begin processing certain H-2A petitions before the Department of Labor (DOL) approves the corresponding Temporary Labor Certification (TLC).

Key Points:

• USCIS may now begin processing electronically filed H-2A petitions for unnamed beneficiaries once DOL issues a notice of acceptance of the TLC application (and before approval).
• Petitioners must include the Employment and Training Administration (ETA) case number with the initial filing.
• USCIS will not approve any petition until DOL has approved the TLC.
• A new form, Form I-129H2A, can only be filed online via a USCIS online account. Paper filings of this form will be rejected.
• Initially, Form I-129H2A is only available to petitioners filing without Form G-28 and seeking unnamed beneficiaries.
• The procedural changes do not apply to H-2A petitioners filing by paper. Petitioners filing by paper or filing an H-2A petition for named beneficiaries filing with Form G-28 must continue to file Form I-129 by paper and wait until DOL approves the TLC before filing.
• USCIS plans to expand eligibility in the coming weeks for Form I-129H2A to H-2A petitioners seeking named beneficiaries or filing with Form G-28.

Additional Information: USCIS announced the new rule streamlining the final process for certain agricultural workers on Sept. 30. The rule is designed to support American agricultural employers by allowing earlier petition processing while maintaining labor protections for U.S. workers. More information on the filing process and the H-2A program can be found on this USCIS page.

For more information on guidance and legal strategies to improve your chances of obtaining H-2A visas, contact BAL’s expert H-2 legal team here.

This alert has been provided by the BAL U.S. Practice Group.

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