H-2A Petitioners Questions & Answers
Q1. Who can file a Petition for Nonimmigrant Worker (Form I-129) for H-2A “temporary agricultural worker” classification with USCIS?
Q2. Who may qualify as an “agent-petitioner" for H-2A classification?
Q3. Who may assist a petitioner in filling out Form I-129?
The following individuals may provide legal advice and represent you before USCIS, including assisting in the preparation of Form I-129:
For more information about types of legal representatives included on Form G-28, see Form G-28.
USCIS will not communicate with or send correspondence to preparers as they are not authorized to represent petitioners before USCIS.
Q4. What is the difference between a “preparer” and an “agent-petitioner”?
Those who do not meet the requirements of agent-petitioners, but solely assist a petitioner in filling out Form I-129, are considered “preparers.” Preparers are not considered petitioners. Their names and addresses should not be listed in Part 1 of Form I-129 except in limited circumstances when petitioners permit preparers to receive their correspondence. In this case, the preparer’s name and address may be listed in Part 1, item 3a on Page 1. However, in an effort to combat possible immigration services scams, USCIS discourages the practice of entering another person’s address for mailing purposes. Petitioners must still provide their actual address in Part 1, item 3 b through g on Page 1.
Preparers must also sign Part 8 of Form I-129. Incomplete petitions may be rejected.
Q5. Whose contact information should I put in Part 1 of Form I-129?
Q6. What if I am a sole proprietor? How should I file for H-2A employment?
1. File with DOL and USCIS as an individual owner. When filing in this manner, the individual owner’s first and last name should be listed on ETA Form 9142 in Part C, item 1. The company’s trade name or doing business as (DBA), if applicable, should be listed in Part C, item 2. Include the approved ETA Form 9142 as evidence when filing Form I-129 with USCIS.
Then, when filling out Form I-129 for USCIS, only the name of the individual owner listed on ETA Form 9142 should be provided to USCIS in Part 1, item 1 of the Form I-129 – in these cases, Part 1 of Form I-129 should be left blank.
2. File with DOL and USCIS under your company’s trade name or DBA. File ETA Form 9142 with DOL listing your legal business name in Part C, item 1 (and trade name in Part C, item 2, if you have one). Include the approved ETA Form 9142 as evidence when filing Form I-129 with USCIS. When filling out Form I-129 for USCIS, list your legal business name, as listed on ETA Form 9142, on Form I-129 in Part 1, item 2. In these cases, Part 1, item 1 should be left blank.
If you choose to file an I-129 petition under your company trade name or DBA, USCIS recommends that you provide additional evidence with the petition to show that this name is legally associated with your business. Evidence you may submit includes, but is not limited to:
Note: Failure to provide evidence of your company’s association with its trade name or DBA upon initial filing with USCIS could result in processing delays.
3. Allow an agent or an association of U.S. agricultural producers to file for H-2A employment on your behalf. In this instance, the employer, agent or association of U.S. agricultural producers may apply for and obtain the approved ETA Form 9142 from DOL. However, if ETA Form 9142 is approved for the employer, the agent or association must be named as a joint employer on ETA Form 9142.
The agent or association who applied for and obtained the approved ETA Form 9142 should also be named on Form I-129 in Part 1, item 2.
Additionally, if an agent or an association files on behalf of your company, you must complete either Part B or Part C, in Section C of the H Classification Supplement to Form I-129. Similarly, if you indicate there are joint employers on ETA Form 9142, each of those joint employers must complete Part C in Section C of the H Supplement.
Q7. What do agents need to know about requesting H-2A workers?
1. An attachment in which the employer has:
2. A complete itinerary of services or engagements, if the workers will be performing services for several employers. The itinerary should specify:
In addition, an agent performing the function of an employer must:
Q8. What do associations need to know about requesting H-2A workers?
Last Reviewed/Updated: 07/11/2011