H-1B Visa New Rules: A final rule announced by the Department of Homeland Security (DHS) will enable American businesses that require seasonal labour to fill those positions more rapidly and effectively. The rule will modernize and enhance the H-2 non-immigrant visa programs, which permit qualified U.S. employers to petition for foreign nationals to fill temporary or seasonal agricultural and non-agricultural jobs if they are unable to hire qualified U.S. workers.
The final rule greatly improves worker protections by, among other things, giving H-2A and H-2B workers more flexibility and enforcing new penalties on businesses that violate our labour laws or charge prohibited fees.
H-2B temporary non-agricultural worker visa in 2025
With a quota of 66,000 per fiscal year, employers can fill temporary non-agricultural jobs with H-2B visas, which are in high demand in the US. For fiscal year (FY) 2025, the Department of Labour (DOL) issued 64,716 more H-2B temporary non-agricultural worker visas. By removing the “interrupted” stay clauses and substituting a uniform period of absence from the United States (at least 60 days) to reset the 3-year clock, it also streamlines the regulations governing how a departure from the country affects the maximum stay of three years for workers enrolled in the H-2 programs.
Conditions for H-2A and H-2B workers
By strengthening the current prohibition on charging specific fees to H-2A and H-2B workers including by imposing new penalties on companies that charge these fees and rejecting their H-2 petitions under specific conditions.
- The provisions pertaining to prohibited fees are also updated and clarified in this final rule.
- The rule will provide whistle-blower protections to H-2A and H-2B employees that are equivalent to those currently provided to H-1B employees.
- The final rule makes it clearer what employers and petitioners must do to agree to and completely abide by USCIS compliance inspections and reviews.
- It also makes clear that USCIS has the right to reject or revoke a petition’s approval if it cannot confirm information about it, including if the petitioner or employer did not cooperate during a site visit or other compliance review.
The final rule harmonizes existing grace periods and adds new ones.
- Gives an H-2 worker a new grace period of up to 60 days after their employment ends, during which they can look for new, qualifying work or get ready to leave the country without breaking their H-2 status or accumulating unlawful presence.
- Extends the current 30-day grace period following certain revocations to a maximum of 60 days and broadens the provision to cover all revocations of H-2 petition approvals.
- confirms that for a maximum of 10 days prior to the petition’s validity period and 30 days after that period has passed, H-2A and H-2B employees are deemed to be maintaining their H-2 status.
- The final rule permits “portability,” which means that qualified H-2 non-immigrants can start working for a new employer right away after the employer properly files a petition for an extension of stay, instead of having to wait for the petition to be granted.
- Beginning on January 17, 2025, when the rule goes into effect, all petitions must use a revised version of Form I-129, Petition for a Non-immigrant Worker.
