The Department of Homeland Security (DHS) has introduced a final rule aimed at improving the H-2 nonimmigrant visa programs, which are crucial for U.S. companies seeking seasonal workers. The rule is designed to help businesses more efficiently fill temporary or seasonal agricultural and nonagricultural jobs by modernizing existing procedures.
"The H-2 programs strengthen our nation’s economy by supporting the seasonal labor needs of employers that rely on temporary workers," said Secretary of Homeland Security Alejandro N. Mayorkas. "By modernizing and improving this program, we increase protections for our nation’s workers, help maintain economic growth, and better meet the labor demands of American businesses."
The new rule will significantly enhance worker protections while increasing flexibility for both H-2A and H-2B workers. It imposes stricter consequences on companies that charge prohibited fees or violate labor laws.
"Our H-2 programs are very important to the U.S. economy," stated USCIS Director Ur M. Jaddou. "This final rule makes us more efficient in helping U.S. employers fill their temporary or seasonal positions, while also making sure we’re protecting both U.S. workers and the noncitizen workers who help fuel our economy."
Key changes include eliminating the need for DHS to compile annual lists of eligible countries participating in the H-2 programs and simplifying rules related to a worker's departure from the United States affecting their maximum period of stay.
The rule also revises provisions regarding prohibited fees by denying petitions from companies found charging these fees or committing legal violations within the H-2 programs.
New whistleblower protections have been added for H-2A and H-2B workers, similar to those available for H-1B workers.
Additionally, new grace periods have been established: up to 60 days following employment cessation for finding new employment or preparing to leave without losing status; extending existing grace periods following revocations; and confirming status maintenance before and after petition validity periods.
The concept of "portability" allows eligible nonimmigrants to begin work with a new employer immediately upon filing an extension petition rather than waiting for approval.
Lastly, starting January 17, 2025, a new edition of Form I-129 will be required as part of implementing this rule.
