The Department of Homeland Security (DHS) introduced a proposal aimed at strengthening protections for temporary workers within the H-2A agricultural and H-2B nonagricultural worker programs. These proposed changes focus on improving worker rights, preventing exploitation, and enhancing the efficiency of these programs.

Under the H-2 program, eligible U.S. employers can bring in foreign nationals to fill temporary job positions when there is a shortage of qualified and available U.S. citizens. To do this, employers must submit requests on behalf of prospective workers and get certification from the Department of Labor explaining why U.S. workers are not available. This process ensures that the employment of foreign workers does not negatively impact the working conditions or wages of similarly employed U.S. workers.

The proposed reforms encompass several key elements, including the introduction of whistleblower protections and penalties for employers who violate program requirements, such as the imposition of fees on workers. Additionally, DHS plans to extend grace periods for workers seeking new employment or making immigration status changes. These reforms are considered crucial for safeguarding the rights of temporary workers who play a vital role in the U.S. economy.

The public is invited to provide feedback on these proposed changes during a 60-day period.

For any inquiries related to immigration matters, please don’t hesitate to reach out to us. We closely monitor ongoing updates to U.S. immigration policies to provide our clients with tailored advice for their specific situations and are with you every step of the way.