Recent Updates to the H-2A Program

By Samantha Capaldo

Recent Updates to the H-2A Program

The H-2A program is an important provider of agricultural labor in the United States. The H-2A program is jointly administered by three federal agencies – Department of State (“DOS”), Department of Homeland Security (“DHS”), and Department of Labor (“DOL”). DOS issues the H-2A visas to workers through embassies and consulates in the worker’s country of residence. DHS, through U.S. Citizenship and Immigration Services (“USCIS”), oversees the petition process. DOL provides H-2A certifications to employers and ensures that wage, housing, and other U.S. labor laws are followed. In 2025, there have been several changes to the H-2A program through federal agency actions and court injunctions.

Visa Updates

On September 18, 2025, the DOS announced that certain H-2A visa applicants would be exempt from the nonimmigrant visa interview requirement starting on October 1, 2025. According to the DOS’s announcement, “applicants renewing an H-2A visa within 12 months of the prior visa’s expiration when the prior visa was issued for full validity at the time of issuance” are exempt from the interview requirement if specified conditions are met:

1. The applicant was at least 18 years old;
2. The applicant applied in his or her country of nationality or usual residence;
3. The applicant has never been refused a visa; and
4. The applicant has no apparent or potential ineligibility.