How to Minimize Delays in the H-2A Application Process
The H-2A application process is complex
While the H-2A Visa Program is a life-saver for farms and ag businesses across the U.S., the H-2A application process can be overwhelming. Anytime you’re dealing with a government agency, you don’t exactly expect speed. But in the case of the H-2A program, you’re dealing with three agencies and the consulates, so the wheels turn even slower. This blog is designed to help farm and ag business owners understand the biggest culprits in causing delays and learn tips to help ensure the H-2A application process runs smoothly and efficiently.
The H-2A application timeline starts with you
Ideally, USA Farm Labor recommends starting the H-2A application process 120 days or more before your start date by submitting your initial application to us in our database. Our Case Managers work diligently to apply best practices and keep the process moving forward with minimal delays but it’s important to know where delays can pop up and what you can do up front to help things stay on track.
Get a detailed breakdown of the H-2A application timeline
Delays happen despite the best laid plans
All the government agencies involved in the H-2A Program process—your State Workforce Agency (SWA), the Department of Labor (DOL), and the Department of Homeland Security (DHS)—prioritize H-2A applications to ensure the availability of a seasonal agricultural workforce. The U.S. Citizenship and Immigration Services (USCIS) is an agency within DHS that provides the approval notices needed for H-2A workers to apply for their visas. The U.S. Consulates abroad (under the Department of State) issue the visas. Federal law generally requires the Office of Foreign Labor Certification (OFLC) to approve H-2A applications no less than 30 days before an employer’s date of need for workers, provided the employer has met the requirements.
Automation has helped streamline the H-2A application process. OFLC transitioned from paper to electronic processing of applications and supporting documents in 2019. This has helped reduce the number of Notices of Deficiency (NODs) by preventing the submission of applications with blank fields as well as reducing discrepancies and inconsistencies between different forms. And, effective October 2, 2025, DHS now allows electronic filing for certain H-2A petitions via the new, mandatory Form I-129H2A. This enables earlier filing, so USCIS can process petitions concurrently with DOL certification.
Despite prioritization and recent efficiencies, NODs and delays happen. While some things are outside of your and your agency’s control, being aware and prepared help minimize the chances of delays due to things within your control.
What are Notices of Deficiency (NODs)?
If your SWA or the DOL see anything inaccurate or incomplete with your H-2A application, they’ll issue a Notice of Deficiency (NOD). NOD correspondence is sent to both you and your agency on record (if applicable), who typically have five days to respond with a correction. The DOL considers your application abandoned if you fail to respond within 12 calendar days, and they’ll consequently deny the application. If you’re partnering with USA Farm Labor, NOD notifications go to your Case Manager, who will respond to and resolve the NOD without needing to bother you.
Learn about the 7 types of NODs
The most common NODs include:
Clerical errors—For example, missing signatures, incorrect FEIN numbers, or wrong contact information
Wages and benefits—Failure to accurately disclose the correct Adverse Effect Wage Rate (AEWR) or benefits
Agricultural need—Inadequate proof of temporary or seasonal need
Missing information—This could be in the form of missing documents or missing details, such as inbound/outbound transportation details missing from the Job Order
Discrepancies—Contradictory information between the Job Order (ETA-790) and the visa petition (I-129)
Housing issues—This is a biggie, so the following section provides more details
Housing—the NOD you really want to avoid
While clerical and other minor errors can trigger NODs, USA Farm Labor’s experience shows us that issues with housing can slow down the issuance of your Temporary Labor Certification and cause the most significant delays in your worker’s arrival time. Housing deficiencies may include:
Not meeting all applicable federal, state, and local standards
Insufficient space (number of beds, etc.) for the requested number of workers
Insufficient lighting, showering, and other essential facilities
Some states will need to reinspect deficient housing before your Job Order and subsequent certification can move forward. Other states will accept photo evidence that you’ve fixed the deficiencies. Either way, the process gets delayed. Read the best practices section below for tips on how you can minimize delays due to housing.
What are Requests for Evidence (RFEs)?
Once Form I-129 has been filed to petition for H-2A worker visas, USCIS may request additional documentation, called a Request for Evidence (RFE), before issuing a final decision. While an RFE isn’t a denial, it must be responded to quickly and completely, or it could lead to delays or a denial.
Common triggers for H-2A RFEs include:
Employer’s name and address don’t match between what’s listed on the H-2A petition and Dun & Bradstreet database records
Insufficient proof showing the company is legitimate, financially stable, and operating
Missing information on Form I-129, such as number of employees or annual income
Discrepancies in the required worker housing or transportation details
Failure to include all necessary documentation, such as the approved Temporary Labor Certification (TLC)
Additional factors causing recent delays
Recent developments are causing delays in both housing inspections and at the consulates, particularly in South Africa. Specifically, state housing inspectors are shorthanded and, even if inspections get done, they may not be uploaded and marked approved in a timely manner.
Consulate delays are being caused by:
Consulates being overwhelmed
Recent mandates for both first-time H-2A workers to schedule interviews, as well as return workers if the job requires a CDL or commercial driving, creating backups in the petition process
Recent mandates to start asking for police clearances and driving records for all workers performing driving tasks or requiring CDLs according to the Job Order
How you can help minimize NODS, RFEs, and delays
While some things are outside of your and your agency’s control, these best practices can ensure you’re doing all you can to help the H-2A application process run smoothly:
Ask questions. The more you educate yourself about the rules, regulations, and compliance requirements, the better you can ensure you’re satisfying these up front.
Make a separate email for all things related to H-2A, so you don't miss important updates or communications
Set reminders for important dates to make sure you adhere to the H-2A application process timeline
Be proactive. Gather all the required documents and submit your application as early as possible.
Start interviewing workers as soon as possible, so once your receive your Temporary Labor Certification, you can quickly identify workers
Follow these housing recommendations:
Use our housing checklist (we provide one after your initial free consultation) to ensure your housing is fully up to standards before your inspection
Contact your local SWA once your application has been submitted. Don’t wait for them to contact you. If they get bombarded, you want to be at the top of the list.
If you use the same housing each year, contact your SWA in the fall or winter when things are slower, so it’s already approved for the upcoming year
Make sure any renovations are complete before adding your housing to an application. It's not an easy task to remove housing and add a different one if the one you intended to use won't pass inspection.
An H-2A agency can help minimize delays
While completing the H-2A application process on your own is possible, the high rate of notices suggests you have good reason to enlist the services of an H-2A agency, such as USA Farm Labor. A reputable H-2A agency can help ensure you:
Provide all the required documentation
Have no discrepancies between records
Meet all current and new compliance requirements
5 great reasons to partner with USA Farm Labor
You can trust USA Farm Labor’s 23 years of H-2A experience to eliminate the confusion and hassle that often comes with the H-2A application process. Here are five ways we give you peace of mind and confidence that your workers will arrive on time:
Our expert team stays up to date on any H-2A Program or application changes that may impact the processing of your H-2A application to make sure you’re informed and prepared
Your Onboarding Specialist ensures you qualify and meet all the requirements while educating you on process, required documents, and your responsibilities
Your assigned Case Manager ensures all compliance requirements have been met and all required documents have been provided, submits your application, and resolves and NODs on your behalf
Our USCIS specialists help resolve any RFEs on your behalf
Our global recruiter network and proprietary database make it easy to find qualified, skilled workers, so you can start interviewing them as soon as you submit your application to us
