Released by Department of Homeland Security (DHS), December 17, 2024
The Department of Homeland Security (DHS) has issued a final rule aimed at modernizing and improving the H-2 visa programs, which help U.S. employers meet seasonal labor demands by hiring temporary foreign workers when qualified domestic workers are unavailable. This rule enhances worker protections, streamlines program operations, and introduces increased flexibility for workers.
Key Highlights:
Improved Efficiency
– Eliminates the requirement to maintain a list of eligible countries for H-2 participation.
– Simplifies rules for calculating the 3-year maximum stay period for workers, resetting the clock after a uniform 60-day absence from the U.S.
Strengthened Worker Protections
– Introduces penalties for employers charging prohibited fees or violating labor laws.
– Provides whistleblower protections comparable to those offered to H-1B workers.
– Requires employer compliance with USCIS reviews and inspections, with penalties for non-cooperation.
Enhanced Flexibility
– Adds and extends grace periods for workers to seek new employment or prepare for departure without accruing unlawful presence.
– Introduces “portability,” allowing workers to start new jobs immediately after an extension petition is filed.
– Protects workers pursuing permanent residency from losing H-2 status.
The rule will take effect on January 17, 2025, with a new edition of Form I-129 required for all petitions. DHS Secretary Alejandro N. Mayorkas emphasized that the rule supports economic growth by meeting labor demands while protecting workers. USCIS Director Ur M. Jaddou highlighted its importance in maintaining efficiency and fairness within the H-2 programs.
