New H-2B Proposal

H-2B visa seasonal workers would be granted greater protections and flexibility in the duration of their visas under a new DHS proposed rule.

The U.S. Department of Homeland Security (DHS) recently announced a notice of proposed rulemaking (NPRM) that would update H-2B temporary nonagricultural worker programs. 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. 

The proposed rule would reinforce the requirements regarding employer-imposed fees that are prohibited under DHS’s H-2 regulations, as well as strengthen the prohibition on, and consequences of, such prohibited fees being collected at any time from H-2 workers and bar petitioners who have violated labor laws or abused the H-2 program. 

This rulemaking also offers several provisions 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. 

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For more information, contact Claiborne Guy at [email protected] or 703-837-5382.

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