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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.

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