The Department of Homeland Security (DHS) proposed an update to strengthen protections for temporary workers in the H-2A agricultural and H-2B nonagricultural worker programs. These changes aim to enhance worker rights, prevent exploitation, and improve program efficiency.

The H-2 program lets qualifying U.S. employers bring foreign nationals to fill jobs that are temporary in nature when there are not enough able, willing, qualified, and available U.S. citizens to fill the jobs. The employer must submit the request on behalf of the prospective H-2B or H-2A worker, along with certification from the Department of Labor outlining why U.S. workers aren’t available. This ensures the use of foreign workers does not negatively affect the working conditions or pay of similarly employed U.S. workers.

The proposed reforms include whistleblower protections and consequences for employers violating program requirements, such as imposing fees on workers. DHS also plans to extend grace periods for workers seeking new employment or immigration status changes. These reforms are seen as essential to safeguarding the rights of temporary workers who play a vital role in the U.S. economy.

The public has a 60-day period to provide feedback on these proposed changes.

If you have questions about any immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to U.S. immigration policy to ensure our clients get the right advice for their individual situations.

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