USCIS Announces Changes to Streamline H-2A Program

11 Dec 2008

USCIS announced today that they plan to make a series of changes to the H-2A visa program to streamline the process of hiring temporary and seasonal agricultural workers. The final rule, which should be published shortly, will “facilitate the H-2A process for employers by removing certain limitations and will further encourage lawful employment,” according to USCIS.

U.S. employers use the H-2A visa program to gain access to foreign workers to fill temporary or seasonal agricultural positions, when U.S. workers are not available. Once a petition for an H-2A visa is approved, these employers can then hire foreign nationals to fill these roles for a certain period of time.

USCIS’s final rule will enhance the integrity of the H-2A program, including provisions to increase protection of both U.S. and foreign workers. The final rule includes methods to broaden H-2A employers’ capacity to petition for multiple, unnamed agricultural workers, extend the time that an H-2A worker can remain in the U.S. after the expiration of his/her H-2A period of stay from 10 to 30 days, and reduce the time that an H-2A worker must spend outside the U.S. before being eligible to re-obtain H-2A status from 6 to 3 months. Other key provisions include measures to prohibit H-2A employers and recruiters from charging any fees on H-2A workers as a condition of employment and measures that require an approved temporary labor certification to be connected to each H-2A petition.

This final rule will be published in the Federal Register shortly.