The Department of Homeland Security (DHS) has put forth a proposal to enhance and modernize the H-2B visa program. This initiative is aimed at providing more flexibility and protections for temporary workers involved in the program while also improving its efficiency. The proposed changes will not only offer US employers new program flexibilities to address labor shortages but also strengthen protections for H-2B workers, ensuring they are shielded from exploitative practices by employers, with additional consideration given to whistleblower protections.
Secretary of Homeland Security Alejandro N. Mayorkas emphasized the essential role H-2A and H-2B temporary workers have played in supporting seasonal and agricultural economies for years. He noted that the proposed reforms are intended to provide necessary protections for this vulnerable workforce while helping US employers meet their labor needs. Mayorkas underscored the commitment of the DHS and its partners across the Biden-Harris administration to safeguard the US economy, security, and values. one of the key steps involved in the H-2B visa program is the filing of Form I-129, Petition for a Nonimmigrant Worker, by the employer or their representative on behalf of the prospective worker. This filing is accompanied by a certification from the Department of Labor, indicating why qualified US workers are not available for the job opportunity and ensuring that the employment of a foreign worker will not adversely affect the wages and working conditions of similarly employed US workers. Among the proposed changes, the regulations outline that employers who fail to adhere to the H-2B program requirements, including those who cannot demonstrate their ability to meet these requirements, may become ineligible for the available visas. Additionally, the DHS suggests clarifications regarding prohibitions on employer-imposed fees to improve program integrity and offer better protection for the workers. Moreover, the agency proposes increased flexibility for H-2 workers, including extended grace periods for transitioning to new employment, preparing for departure from the US, or seeking a change in immigration status.
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