The Department of Homeland Security on Dec. 17 announced a final rule for workers in the US via the H-2 visa program with regulations to strengthen worker protections and allow them to change jobs with fewer restrictions.

H-2A visas are issued to temporary agricultural workers; H-2B visas are issued to temporary nonagricultural workers at companies including those in hospitality, tourism, landscaping and seafood processing.

According to the DHS, the rule enhances worker flexibility by adding new grace periods. Specifically, it:

• Adds a new grace period for up to 60 days following a cessation of employment, during which an H-2 worker may seek new qualifying employment or prepare for departure from the US without violating their H-2 status or accruing unlawful presence.
• Extends the existing 30-day grace period following certain revocations to a period of up to 60 days and expands the provision to cover all revocations of H-2 petition approvals.
• Affirms that H-2A and H-2B workers are considered to be maintaining their H-2 status for a period of up to 10 days before the petition’s validity period and up to 30 days following the expiration of that period.

The release follows several years of expanded H-2B visa allotments as the Biden administration sought to relieve labor shortages in seasonal industries, Bloomberg Law reported. The H-2A program has also continued to grow year over year as agricultural employers face worsening struggles to meet labor needs; nearly 310,000 visas were issued in fiscal 2023.

“Our H-2 programs are very important to the US economy. Many employers across the country need additional labor on a temporary or seasonal basis, whether it’s on our farms or in other industries,” USCIS Director Ur M. Jaddou said in a press release. “This final rule makes us more efficient in helping US employers fill their temporary or seasonal positions while also making sure we’re protecting both US workers and the noncitizen workers who help fuel our economy.”

The new rule also adds significant revisions to the provisions regarding prohibited fees and institutes new bases for denial of some H-2 petitions, according to a blog post by law firm Berry Appleman & Leiden. In addition, it provides workers with “whistleblower protection” comparable to the protection offered to H-1B workers.

The final rule was published in the Federal Register Wednesday, and the regulations take effect 30 days after publication.

As previously reported, an additional 64,716 H-2B visas for temporary nonagricultural workers will be available for federal fiscal year 2025, which began Oct. 1. This will be in addition to the congressionally mandated existing 66,000 H-2B visas available each year.