Immigration laws in the U.S. seem to be constantly changing, making it difficult for those seeking citizenship, work permits, family-based visas, and more to know how to proceed. New H-2 regulations went into effect on January 17, 2025, giving USCIS the authority to deny H-2A petitions filed on or after that date.
The official line is that these new regulations “streamline” the approval process and “strengthen worker protections” by imposing new consequences on companies that violate labor laws or charge prohibited fees. Those who filed the H-2A petition through the mail will have the petition accepted if received prior to January 17th and rejected if received on or after January 17th.
United States employers who properly meet all the necessary requirements for bringing foreign nationals to the U.S. to fill temporary or seasonal jobs in the agriculture industry can do so under the H-2A program. A Form I-129 (Petition for a Nonimmigrant Worker) must be filed on behalf of a prospective worker.