On September 18, the U.S. Department of Homeland Security announced a notice of proposed rulemaking (NPRM) that would modernize and improve the H-2A temporary agricultural and H-2B temporary nonagricultural worker programs.
Key Changes
- Through this proposed rule, DHS seeks to strengthen worker protections and the integrity of the H-2 programs and improve program efficiency.
- DHS is proposing greater flexibility for H-2 workers, in part by extending grace periods during which workers may seek new employment, prepare for departure from the United States, or seek a change of status to a different nonimmigrant classification.
- The proposed rule would better ensure the requirements regarding employer-imposed fees that are prohibited under DHS’s H-2 regulations are clear to both workers and employers, as well as strengthens the prohibition on, and consequences of, such prohibited fees being collected at any time from H-2 workers.
This rulemaking also offers several benefits to employers, including allowing petitioners who are facing worker shortages to have H-2 workers who are already in the United States work for the new employer while the petitioners’ H-2 petition on behalf of the worker is pending.
Comment Period
The NPRM allows for a 60-day public comment period that begins once it is published in the Federal Register. The public may submit comments through Regulations.gov. DHS will review all properly submitted comments, consider them carefully, and draft responses before issuing any final rule.
Erickson Insights and Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.