Skip to main content

Temporary and Seasonal H-2 Visa Changes

The Department of Homeland Security (DHS) has finalized a rule aimed at simplifying the H-2 visa programs, which allow U.S. employers to hire foreign workers for temporary or seasonal jobs. This rule aims to enhance program efficiency, strengthen worker protections, and increase flexibility for H-2 workers.

Key Changes:

  • Efficiency:

    • Eliminates the need for annual lists of eligible countries for H-2 workers.

    • Simplifies rules regarding the 3-year maximum stay for H-2 workers.

  • Worker Protections:

    • Imposes stricter consequences on companies charging prohibited fees to H-2 workers.

    • Establishes new grounds for denying H-2 petitions to employers with labor law violations.

    • Provides whistleblower protections for H-2 workers.

    • Strengthens USCIS authority to conduct compliance reviews and inspections.

  • Worker Flexibility:

    • Introduces new grace periods for H-2 workers after employment ends or their status is revoked.

    • Allows "portability" for H-2 workers to immediately begin work with a new employer upon filing an extension of stay petition.

    • Clarifies that pursuing lawful permanent residency will not negatively impact H-2 status.

This rule will take effect on January 17, 2025, and will require the use of a revised Form I-129 for all H-2 visa petitions.



Disclaimer: This information is intended for general knowledge and informational purposes only, and does not constitute legal advice. It's essential to consult with an attorney for personalized guidance on your specific situation.

Comments

Top Article of the Month

Estate Planning with Mixed-Status Families: What Happens When Non-Citizens Inherit U.S. Assets?

  In an increasingly interconnected world, mixed-status households—families where spouses hold different citizenship or residency statuses—are more common than ever. Whether one spouse is a U.S. citizen while the other holds a Green Card, a temporary work visa (like an H-1B, L-1, or E-2), or lives abroad as a non-resident foreign national, this dynamic introduces unique legal nuances. While civil law treats mixed-status couples like any other married unit, U.S. federal tax law treats them dramatically differently. Most married couples assume they can leave their entire estate to each other tax-free. When the surviving spouse is a non-U.S. citizen, that assumption can trigger a costly, unexpected tax bill. The Non-Citizen Spouse Disadvantage: No Unlimited Marital Deduction Under Internal Revenue Code (IRC) §2056(a), transfers of wealth between U.S. citizen spouses are completely exempt from estate and gift taxes. A citizen can leave an unlimited amount of wealth to a U.S. citizen sp...

Shop PLL

We will answer your question!

Name

Email *

Message *