COURTESY NTRA
The Department of Homeland Security announced Tuesday a final rule that will enable U.S. companies in need of seasonal workers to fill those positions more quickly and efficiently. The rule is designed to modernize and improve the H-2 nonimmigrant visa programs, which allow qualified U.S. employers unable to find sufficient U.S. workers to petition for foreign nationals to fill temporary or seasonal agricultural and nonagricultural jobs.
The final rule eliminates the requirement for USCIS to approve petitions for H-2 nonimmigrant status only for nationals of designated eligible countries, removing the need for DHS to compile and publish annual country lists. It also simplifies the rules regarding the three-year maximum stay period by eliminating “interrupted” stay provisions and introducing a uniform 60-day absence period to reset the three-year clock.
The final rule also introduces new grace periods and harmonizes existing ones. Specifically, it:
- Adds a 60-day grace period following the cessation of employment, allowing workers to seek new qualifying employment or prepare for departure without violating their status.
- Extends the current 30-day grace period after certain revocations to up to 60 days, covering all revocations of H-2 petition approvals.
- Confirms that H-2 workers maintain status for up to 10 days before the petition’s validity period and up to 30 days after its expiration.
The rule also establishes “portability,” enabling eligible H-2 workers to begin employment with a new employer immediately after the proper filing of an extension of stay petition, without waiting for its approval. Furthermore, it clarifies that H-2 workers will not be deemed to have failed to maintain their status or denied H-2 classification solely for taking steps toward lawful permanent residency in the United States.
In order to implement this rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker will be required for all petitions beginning Jan. 17, 2025, which is the rule’s effective date.
Read the full announcement HERE.
