DHS Publishes Proposed New Rule to Modernize the H-2 Visa Program

Last week, DHS published a proposed new rule that would protect workers employed through the H-2A and H-2B visa programs against illegal fees and salary reductions. Employers who violate the proposed regulation could be barred from the program for up to four years for charging illegal fees. The new rule would also create whistleblower protections for workers and permit workers to change jobs once the new employer files a visa petition without waiting for approval or losing status. The rule is similar to the DOL proposed rule published in early September that would improve working conditions for H-2A visa holders.

Erickson Insights

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.