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.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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