The Department of Homeland Security (DHS) is streamlining the process for agricultural employers to hire temporary foreign workers. A new final rule, “Facilitating Earlier Filing of Certain Electronically Submitted H-2A Petitions,” is set to publish in the Federal Register on October 2, 2025.
The rule, signed by DHS Secretary Kristi Noem, allows U.S. Citizenship and Immigration Services (USCIS) to begin processing H-2A petitions for unnamed beneficiaries much earlier than before, potentially cutting weeks off the hiring timeline for agricultural businesses.
The core change modifies the timing for submitting the H-2A visa petition, Form I-129. Previously, employers had to wait for the Department of Labor (DOL) to fully approve the Temporary Labor Certification (TLC) before filing their petition with USCIS.
Under the new rule, which is effective immediately upon publication, a petitioner seeking unnamed beneficiaries can now electronically file a new form, Form I-129H2A, with USCIS after receiving a Notice of Acceptance from DOL, but before the TLC is formally approved.
This concurrent processing allows USCIS to immediately begin its adjudication process while the DOL completes its review, speeding up access to the temporary labor required by American farms.
The DHS released a statement noting the effort, developed in conjunction with the Department of Labor, is intended to modernize the H-2A visa program. The final rule states: “This final rule amends DHS regulations to modify the timing of when USCIS must receive a valid temporary labor certification when an H-2A petitioner electronically files a Petition for a Nonimmigrant Worker requesting unnamed beneficiaries.”
The new concurrent filing option is subject to several key conditions. The earlier filing is only available for petitions filed electronically using the new Form I-129H2A. USCIS will reject any paper-filed versions of Form I-129H2A.
For now, the new process is limited to petitions requesting unnamed beneficiaries. Petitioners seeking named beneficiaries or those who prefer to file by paper must continue to use the older Form I-129 after receiving a final, approved TLC from the DOL.
In the coming weeks, however, USCIS plans to announce the expanded availability of Form I-129H2A to H-2A petitioners seeking named beneficiaries or filing with Form G-28.
For petitioners who prefer to file their H-2A petition by paper, there is no change, and they must continue to use Form I-129, Petition for Nonimmigrant Worker. This procedural change does not apply to H-2A petitions with named beneficiaries or to H-2A petitioners who file by paper. These petitioners must continue to submit petitions to USCIS only after DOL approves the TLC application.
USCIS will not approve any H-2A petition until after the Department of Labor has officially approved the corresponding TLC. The rule is designed to expedite the administrative process without lowering standards for the protection of U.S. workers.
“This change allows USCIS to support American farmers in their critical work for our nation while also ensuring that they hire thoroughly screened and vetted foreign labor,” said USCIS Spokesperson Matthew Tragesser. “When migrants choose legal pathways to employment in the United States, it is beneficial for American businesses, the public’s confidence in the rule of law, and the foreign workers themselves.”
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
