The U.S. Department of Homeland Security (DHS) has introduced a new rule to modernize the H-2 nonimmigrant visa programs, enhancing flexibility for employers and protections for workers. This significant update impacts both H-2A and H-2B programs, which allow U.S. employers to hire foreign workers for temporary or seasonal jobs.
Key Features of the New Rule
Extended Grace Periods
- The existing 30-day grace period following certain revocations has been extended to 60 days.
- A new 60-day grace period allows workers to seek new employment or prepare for departure without violating visa status.
Portability for H-2 Workers
- Eligible workers can begin working with a new employer immediately after filing an extension petition, removing delays from the approval process.
Strengthened Worker Protections
- Employers found charging prohibited fees or violating labor laws may face petition denials.
- Whistleblower protections have been introduced, comparable to those offered to H-1B workers.
Removal of Country Designation Requirement
- The rule eliminates the need for DHS to compile annual lists of eligible countries, allowing a more inclusive approach for H-2 workers.
Simplification of Stay and Compliance Rules
- The “interrupted” stay provisions have been removed, introducing a uniform 60-day absence requirement to reset the 3-year maximum period of stay.
- Employers must fully comply with compliance reviews and site inspections.
Implementation Timeline
- The rule is effective from January 17, 2025.
- A revised Form I-129 will be required for all petitions starting this date.
Summary
The new H-2 visa rule simplifies processes, strengthens worker protections, and adds flexibility for employers and foreign workers. Key changes include extended grace periods, immediate work portability, removal of country restrictions, and stricter compliance rules, effective January 2025. These updates aim to make the H-2 program more efficient and inclusive while safeguarding workers.
