The Department of Homeland Security’s final rule, effective January 17, 2025, overhauls H-2A and H-2B programs to enhance worker protections, improve job portability, and strengthen oversight. The new rule, Modernizing H–2 Program Requirements, Oversight, and Worker Protections, and this rule became effective on Jan. 17, 2025. With this new regulations, it is no longer required that USCIS to consider whether the beneficiary is a national of a country that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated as eligible to participate in the H-2A or H-2B program.
Key changes include:
- 60-day grace periods for workers, immediate job portability for new employers, and
- prohibitions against recruitment fees,
- while introducing stricter compliance for employers.
- To notify DHS, within 2 workdays in certain circumstances.
- implement mandatory employer cooperation with site visits and audits, with non-compliance potentially leading to immediate petition revocation.
- institutes strict penalty structures—including multi-year de-barment for violations—and introduces enhanced whistleblower protections for workers reporting abuse.
- removal of the list of countries of citizenship section on the form and eligible countries list from the instructions.
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