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DHS Proposes Changes to Improve H-2A Temporary Agricultural Worker Program

Press release: “The U.S. Department of Homeland Security announced today a series of proposed rule modifications to provide employers with a streamlined hiring process for temporary and seasonal agricultural workers under the H-2A program…The proposed modifications to the rule reduce current limitations and certain delays faced by U.S.employers and relax the current limitations on their ability to petition for multiple, unnamed agricultural workers. It extends from 10 to 30 days the time a temporary agricultural worker may remain in the U.S. after the end of employment. The rule also reduces from six to three months the time a temporary agricultural worker must wait outside the U.S. before he or she is eligible reenter the country under H-2A status. Additionally, under the proposed rule H-2A workers who are changing from one H-2A employer to another may begin work with the new petitioning employer before the change is approved by USCIS, provided the new employer participates in USCIS’ E-Verify program.”

  • Notice of Proposed Rulemaking: Changes to Requirements Affecting H-2A Nonimmigrants (PDF, 69 pages)
  • Fact Sheet: H-2A Temporary Agricultural Worker Program
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