The rule would grant temporary nonimmigrant workers whistleblower protections and extend “grace periods” for workers whose petitions have expired or been revoked.

Dive Brief:

• A proposed rule issued Monday by the U.S. Department of Homeland Security would reform the H-2A and H-2B temporary worker visa programs to target employers that violate the programs’ rules, including those that impose illegal fees upon visa holders and violate labor laws.
• The rule would permit the agency to deny visa petitions for employers that have been found to have violated either the visa program requirements or certain labor laws. DHS proposed that both H-2A and H-2B workers be provided whistleblower protection comparable to that granted to H-1B visa holders, and workers also would see adjustments to the programs’ “grace periods” for seeking employment or preparing for departure following the expiration or revocation of their visas.
• DHS said in a press release the rule would “offer several benefits to employers,” such as implementing permanent portability for H-2A and H-2B visas, which would allow workers to begin new employment upon proper filing of an extension of stay petition rather than on approval of such a petition. Once published in the Federal Register, the proposal will be subject to a 60-day public comment period.

Dive Insight:

The H-2A and H-2B visa programs allow employers to hire nonimmigrant workers to fill temporary jobs; H-2A applies to agricultural jobs while H-2B applies to...

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