United States: DHS H-2 Proposed Rule Clears White House Review – Berry Appleman and Leiden

The White House Office of Management and Budget has completed its review of a
Department of Homeland Security proposal to “modernize and
reform” the H-2A and H-2B nonimmigrant worker programs.

‌Key Points:

• The text of the proposal is not yet available, but a summary of
  the regulation indicates the changes will be aimed at reducing
  inefficiencies, enhancing pay protections and addressing
  “aspects of the program that may unintentionally result in
  exploitation or other abuse of persons seeking to come to this
  country as H-2A and H-2B workers.”




• The rule will not revise the temporary labor certification
  process.




• OMB is the last step in the regulatory process before
  publication.




• A separate Department of Labor proposal
  to improve protections for temporary agricultural workers remains
  under White House review.

BAL Analysis: Both the DHS and DOL regulations
will be published as proposed rules, meaning they will go through a
notice-and-comment period before they are updated and published as
final rules. BAL will continue following the development of these
regulations and will provide updates on how they will impact H-2A
and H-2B employers.

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