Summer 2025: Major Updates to the H-2A Program

Summer often feels like it slows things down. But when it comes to immigration, especially the H-2A visa program, things have been moving quickly. While many of us were focused on long days, barbecues, and family vacations, the Department of Labor (DOL) rolled out a series of important changes that every H-2A employer should know about.

Here’s a rundown of the four big shifts:

1. Farmworker Protection Rule Rolled Back

In June, the DOL announced that it will no longer enforce the Farmworker Protection Rule that was finalized in 2024. In fact, the Department has gone a step further, proposing to fully rescind the rule altogether.

What does that mean? Employers are no longer bound by the new requirements that had been added last year—things like progressive discipline policies, expanded anti-retaliation protections, or detailed reporting on foreign recruiters. For now, compliance is measured under the pre-2024 rules, which are more familiar and less burdensome. Comments on the proposed rescission are open until September 2, 2025.

2. DOL Mailing Address Change

A small but important detail: starting August 29, 2025, the Office of Foreign Labor Certification (OFLC) will move its mailing address from Chicago to Washington, D.C.

With most employers already using the electronic filing system, this shift won’t affect day-to-day operations much. But if you do occasionally send physical mail, be sure to update your records. The new address will be:

📍 U.S. Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification

200 Constitution Avenue NW, Room N-5311

Washington, DC 20210

3. Adverse Effect Wage Rate (AEWR) Updates

On July 11, the DOL issued its annual update to the AEWRs for jobs outside the main field and livestock worker categories. These rates are based on the Occupational Employment and Wage Statistics (OEWS) survey.

A reminder for employers:

• If the AEWR goes up during a contract, you must raise wages accordingly.

• If the AEWR goes down, you still have to pay at least the rate promised in the job order.

This is a reminder that this shoul be checked often, and especially before any filings.

Even if your workers are in the more common categories tied to the USDA Farm Labor Survey, it’s a good time to double-check your wage obligations.

4. Temporary Suspension of Certification Fees

Finally, some good news for employers. As of September 2, 2025, certification fees for H-2A applications will be temporarily suspended. The OFLC won’t be issuing invoices or collecting these fees until its new electronic payment system is ready.

This suspension is not permanent, but it provides temporary relief while the system is modernized. Once the new payment process is in place, the DOL will issue fresh instructions.

What This Means for Employers

These changes are a reminder of how quickly the H-2A program can shift. From rescinded rules to new addresses, updated wages, and fee suspensions, it’s important for employers to stay informed so they can stay compliant.

At Denizen Immigration, we monitor these updates closely and guide our clients through the moving pieces—so they can focus on running their businesses while staying compliant with U.S. immigration law.