DHS Proposes to Modernize and Improve the H-2A and H-2B Programs
September 20, 2023
Today 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.
Through this proposed rule, DHS seeks to strengthen worker protections and the integrity of the H-2 programs and improve program efficiency. In addition, 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.
To further improve the integrity of the H-2 programs and enhance protection for workers, 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 strengthen 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.
To Submit Comments
The NPRM allows for a 60-day public comment period that begins once it is published in the Federal Register. You may submit comments through Regulations.gov. Please follow the instructions for submitting comments.
DHS welcomes public comments on the proposed rule, including legal and policy considerations, and suggestions for alternative approaches. We will review all properly submitted comments, consider them carefully, and draft responses before issuing any final rule.
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