United States | H-2A certification fees suspended

The Employment and Training Administration (ETA) of the U.S. Department of Labor (DOL) announced a temporary suspension of H-2A certification fee collection, effective Sept. 2, 2025.

Key Points:

• This pause allows the Office of Foreign Labor Certification (OFLC) to modernize its payment system in alignment with Executive Order 14247, “Modernizing Payments To and From America’s Bank Account,” which mandates federal agencies to adopt more efficient, secure and accessible digital payment systems.
• The OFLC will stop issuing invoices for H-2A certification fees starting Sept. 2, 2025. Employers who receive invoices before this date must still fulfill payment obligations.
• Any fees that would have been due during the suspension period will not be invoiced or collected.
• The Federal Register Notice (FRN) regarding the temporary suspension can be viewed here.
• Once the system is ready, the ETA will issue an FRN detailing the new process and the date on which fee collection will resume.

Additional Information: The H-2A visa program allows U.S. agricultural employers to bring foreign nationals to the U.S. for temporary or seasonal agricultural work. Certification fees are a critical part of the application process, covering administrative costs associated with labor condition assessments and compliance monitoring. OFLC will be transitioning from collecting fees submitted in paper format (e.g., checks) during the suspension period.

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

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