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Statement of Need: The final rule removes certain limitations on H-2A employers and adopts streamlining measures in order to encourage and facilitate the lawful employment of foreign temporary and seasonal agricultural workers. The final rule also addresses concerns regarding the integrity of the H-2A program and sets forth several conditions to prevent fraud and to protect laborers’ rights. The purpose of the final rule is to provide agricultural employers with an orderly and timely flow of legal workers, thereby decreasing their reliance on unauthorized workers, while protecting the rights of laborers.

Summary of the Legal Basis: The H-2A nonimmigrant classification applies to aliens who are coming to the United States temporarily to perform agricultural labor or services of a temporary or seasonal nature. INA section 101(a)(15)(H)(ii)(a), 8 U.S.C. 1101(a)(15)(H)(ii)(a).

Alternatives: Since DHS does not foresee the rule having a significant economic impact on small entities, this rule does not put forth significant alternatives to minimize impacts.

Anticipated Costs and Benefits: USCIS funds the cost of processing applications and petitions for immigration and naturalization benefits and services, and USCIS’ associated operating costs, by charging and collecting fees. For each Form I-129 USCIS charges a filing fee of $320. This rule does not change that fee, thus, the fee impacts of this rule on each petitioning firm are neutral. The enhancements in this rule are expected to increase the number of H-2A petitions per year by an estimated 3,600. Thus aggregate petition fees for H-2A employees as a result of this rule are expected to increase by $1,152,000. This rule will benefit applicants by: -- Reducing delays caused by IBIS checks holding up the petition application process. -- Reducing disruption of the life and affairs of H-2A workers in the United States. -- Protecting laborers’ rights by precluding payment of fees by the alien. -- Preventing the filing of requests for more workers than needed, visa selling, coercion of alien workers and their family members, or other practices that exploit workers and stigmatize the H-2A program. -- Encouraging employers who currently hire seasonal agricultural workers who are not properly authorized to work in the United States to replace those workers with legal workers. -- Minimizing immigration fraud and human trafficking.

Risks: Since DHS does not foresee the rule having a significant economic impact on small entities, this rule does not put forth significant alternatives to minimize impacts.