01/24/2025
New 2025 Rules: What you need to know.
The Department of Homeland Security (DHS) has introduced new rules for the H-2A and H-2B temporary worker programs, which will take effect on January 17, 2025. These programs allow U.S. employers to hire foreign workers for temporary agricultural (H-2A) and non-agricultural (H-2B) jobs when they can't find enough U.S. workers.
Here are the key points of the new rule:
Improving the Program:
No More List of Eligible Countries: Employers can now hire workers from any country, as DHS will no longer provide a yearly list of eligible countries.
Simplified Stay Rules: The rule makes it easier to calculate how long a worker can stay in the U.S. by setting a clear 60-day break between employment to reset the worker’s three-year maximum stay.
More Flexibility for Workers:
Grace Periods: Workers will now have a 10-day grace period before they start their job, and up to 30 days after they finish their job. There’s also a new 60-day grace period if their job ends, giving them time to find a new job or prepare to leave the U.S. during this period. However, workers can't work during the grace period.
Job Mobility: Workers can change employers more easily. If a worker has a valid petition, they can start working with a new employer as soon as it’s filed, instead of waiting for it to be approved.
Stronger Protections and Integrity:
No Fees for Workers: The rule strengthens the ban on charging certain fees to workers and adds penalties for employers who violate this.
Denial of Petitions: Employers who break labor laws or misuse the H-2 programs can have their petitions denied.
Whistleblower Protections: Workers are protected from retaliation if they report violations, similar to protections for H-1B workers.
Inspections: DHS has the authority to review employer practices and inspect worksites to ensure they’re following the rules.
Earlier changes to the H-2A program, which started in April 2024, also added more worker protections, but those rules faced legal challenges.