The Biden Administration’s updated regulations for the H-2A temporary agricultural and H-2B temporary nonagricultural worker programs take effect today, January 17, 2025.
Issued by the Department of Homeland Security (DHS), these changes aim to enhance worker protections while providing greater flexibility for both employees and employers, signaling a significant overhaul of the H-2 programs.
A primary focus of the new rule is improving safeguards for temporary workers. Employers are now explicitly barred from charging certain fees to H-2A and H-2B workers, with violations resulting in penalties such as visa petition denials. Whistleblower protections have also been expanded, allowing workers to report abuses without fear of retaliation, similar to the protections in place for H-1B workers. Additionally, the rule sets stricter criteria for denying petitions from employers with a history of labor law violations or program misuse.
To ensure compliance, employers face more stringent requirements, including mandatory cooperation with USCIS compliance reviews and site inspections. Failure to comply can lead to visa petition denials or revocations.
USCIS also now has the authority to reject petitions if critical information cannot be verified, particularly when employers fail to participate in site visits or checks.
The rule also introduces new flexibility for H-2 workers, notably through employment portability. Eligible workers can now start new jobs immediately after filing a petition to amend their stay, eliminating delays while waiting for approval. Nationality-based restrictions have also been removed, allowing workers from previously excluded countries, such as Nepal, to now qualify for H-2 visas.
Administrative updates include requiring employers to use a new version of Form I-129 to align with the revised rules. The process for resetting the three-year stay limit has also been simplified, requiring only a 60-day absence from the U.S., replacing the previous complex rules for interrupted stays.
The demand for H-2 visas has grown significantly in recent years, with the U.S. issuing a record 310,676 H-2A visas and 131,704 H-2B visas in 2023. These reforms aim to balance the economic need for temporary foreign labor with stronger worker protections, ensuring the programs remain effective while preventing exploitation.
