DHS Announces Updates to H-2 Visa Regulations
The Department of Homeland Security (DHS) has issued a final rule that modernizes the H-2 visa programs. This new rule meets the seasonal labor needs of U.S. employers by streamlining processes and offering employment opportunities for H-2 holders and qualified U.S. employers.
According to DHS Secretary Alejandro N. Mayorkas, the H-2 programs strengthen the nation’s economy by supporting the seasonal labor needs of employers that rely on temporary workers. By improving the program, the U.S. government increases protection for the nation’s workers and better meets the labor demands of American businesses.
These changes simplify recruitment processes for employers and offer more opportunities to address periodic labor shortages. For workers, the updates provide stronger protections, increased mobility, and greater job security.
What Does the Final Rule Mean for Workers and Employers?
1.H-2 Visa Program Efficiency
One of the steps DHS has taken to simplify the application and management of H-2 visas for employers and workers is to eliminate the requirement for eligible countries. Employers can now petition for workers regardless of their nationality.
In addition, workers can now reset their 3-year maximum stay period after a uniform absence of at least 60 days from the U.S. This new regulation cancels the existing provisions for “interrupted” stay.
2. Worker Protections and Program Integrity
DHS has introduced measures to protect H-2 workers. Companies that charge H-2 workers prohibited fees or violate labor laws will now face stricter consequences, including denying future petitions.
Employers must now consent to USCIS compliance reviews and inspections. USCIS can deny or revoke petitions if employers fail to cooperate or provide accurate information during reviews.
Furthermore, H-2 workers now have whistleblower protections similar to those provided under the H-1B program, ensuring workers can report abuses without fear of retaliation.
3. Worker Flexibility
The final rule introduces new grace periods for H-2 workers. Workers now have up to 60 days after employment termination to find a new job or prepare for departure from the U.S. The grace period was formerly 30 days.
Eligible H-2 workers can begin working for a new employer immediately after the employer files an extension of the stay petition. There is no longer a need to wait for the petition’s approval.
Additionally, workers will no longer lose their H-2 status or be denied classification for taking steps toward becoming lawful permanent residents.
When Does the New Rule Take Effect? | Updates to H-2 Visa Regulations
The new rule will come into effect on January 17, 2025. Starting this date, employers must use the updated edition of Form I-129, Petition for a Nonimmigrant Worker, for all H-2 petitions.
These reforms are introduced to balance the needs of U.S. businesses with the rights and protections of foreign workers. By improving efficiency and flexibility and enforcing stricter compliance, DHS ensures that the H-2 visa programs remain essential to the U.S. economy.
According to U.S. Citizenship and Immigration Services (USCIS) Director, Ur M. Jaddou, the final rule increases efficiency for U.S. employers to fill temporary or seasonal positions while protecting U.S. workers and noncitizen workers who help fuel the economy.
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