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


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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

  • OMB is the last step in the regulatory process before

  • 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.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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