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2.0

USCIS allows processing of H-2A petitions for unnamed beneficiaries prior to labor certification approval

  1. Original Date Announced

    September 30, 2025

    DHS issued a final rule allowing U.S. Citizenship and Immigration Services (USCIS) to begin processing H-2A petitions that seek unnamed beneficiaries, but not those seeking named beneficiaries, after Department of Labor (DOL) issues a notice of acceptance of application for temporary labor certification (TLC). The rule enables USCIS to simultaneously process eligible H-2A petitions for temporary agricultural workers while DOL evaluates whether the employment would adversely affect American workers. Although USCIS can begin processing the petition, USCIS cannot approve any petition until DOL officially approves the TLC.

    In a press release, USCIS announced that the streamlined process will only apply to applicants who file via a newly-announced Form I-129H2A, which may only be filed online. Initially, this form will not be available for named beneficiaries or petitions filed with a Form G-28 [Notice of Entry Appearance as Attorney or Accredited Representative]. However, USCIS states that it will remove this restriction "[i]n the coming weeks."

    Trump 2.0 [ID #2041]

    2025.09.30 USCIS: DHS Streamlines the Filing Process for Certain Agricultural Workers 2025.10.02 USCIS Final Rule - Facilitating Earlier Filing of Certain Electronically Submitted H-2A Petitions 2025.10.03 USCIS Form I-129H2A - Petition for a Nonimmigrant Worker 2025.10.03 USCIS Form I-129H2A - Instructions
  2. Effective Date

    October 2, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Actions: Forms and Information Collection Rule
Subject Matter:
Agencies Affected:

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