Avoid the “Black Box” of Admin Processing

Why Is the Department of State Calling Me?

With heightened scrutiny from the U.S. Department of State (DOS) in response to President Trump’s focus on securing the border, employers who rely on H-2 visa programs must make legal compliance a top priority.



Likely in accordance with President Trump’s Executive Order titled Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, DOS is drastically increasing the use of verification calls with Farm Labor Contractors (FLCs) and their associated growers in order to confirm the details of their ETA-790. While such calls have always been within DOS's discretionary authority, they’ve grown significantly more frequent in recent months, causing delays and triggering administrative processing for many FLCs.

What Is Administrative Processing?

Typically, consular officers either issue or refuse a visa following a U.S. visa application. If the officer cannot determine eligibility, the application is refused. However, if additional information is needed, the case may be placed in administrative processing, a hold status pending further review.

If administrative processing is required, applicants are usually informed at the end of their interview. Processing timelines vary by case, and the final decision may approve or continue to deny the visa.

Why Increased Scrutiny Matters to FLCs and Growers

While investigatory calls were once sporadic, we’ve observed a sharp increase in the last several weeks. If a grower fails to answer or provides inaccurate information, the entire group of H-2A workers may be sent into administrative processing - commonly referred to as the “black box” - leaving employers without clarity or recourse.

Worse still, if the DOS is unable to confirm the details of the contract or discovers a perceived misrepresentation, the petition could be returned to USCIS for a further investigation of potential fraud or misrepresentation. Failure to answer or providing inaccurate or conflicting information can result in severe delays at the Consulate and could jeopardize future petitions.

It is therefore critically important that FLC’s and their growers prepare for verification calls and take them seriously.

What to Expect During a DOS Verification Communication

Who: State Department officials may contact both the FLC and the growers listed on the ETA-790.

What: Officials will verify the information provided in the ETA-790 with each grower, including dates of need and numbers of workers requested.

• The officials will also want to hear whether there is a true need for agricultural labor during the dates of need outlined on the ETA-790 and I-129.

Calls typically come from a “202” area code. Be sure to answer!

Email Verification from DOS

In some cases, the DOS’s Visa Services Office (SVS) may send email verifications in place of phone calls. Below is an excerpt from an actual SVS verification request—quoted in full:

Quick Tips to Prepare for a Verification Call

☑︎ Prepare a list with accurate contact information for every grower listed on the ETA-790 with each application

☑︎ The primary contact person and phone number should also be listed prominently on each grower agreement

☑︎ Notify all growers about these verification calls and confirm accurate contact information for each grower every year

☑︎ Make sure each grower has a copy of their grower agreement and ETA-790 and is prepared to confirm basic details about the contract

☑︎ Instruct growers to keep communications with officials simple and verify the original dates of need and number of workers requested

☑︎ Ask that the growers inform you each time they are contacted by government officials

☑︎ Consider drafting a short summary document for your growers with the material terms listed out for ease of reference and readability

Key Takeaways

If you're an FLC or a grower working with one, avoid giving DOS a reason to place your workers in administrative processing. FLCs already face heightened scrutiny from DOL, and now from USCIS and DOS as well.

Once your petition goes into the black box, there’s no guarantee it will ever get out at all, let alone in sufficient time for workers to complete the job tasks of your underlying job opportunity. 

If you have questions or need support, we’re here to help. Reach out to us at hello@sesolabor.com.