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ARTICLE · 26 SEPTEMBER 2023

DHS Proposes Modernization Of H-2 Framework

Ogletree, Deakins, Nash, Smoak & Stewart
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On the heels of the U.S. Department of Labor's announcing plans to revise its H-2A program, the U.S. Department of Homeland Security (DHS) is proposing amendments to its H-2A and H-2B regulations.

United StatesImmigration
Natalie L. McEwan
Natalie L. McEwan
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On the heels of the U.S. Department of Labor's announcing plans to revise its H-2A program, the U.S. Department of Homeland Security (DHS) is proposing amendments to its H-2A and H-2B regulations. The proposed changes would "ensure the integrity of the H-2 programs and enhance protections for workers."

Quick Hits

  • DHS has released a notice of proposed rulemaking aimed at modernizing H-2A and H-2B program requirements, oversight, and worker protections.
  • Comments on the proposed rule are due no later than November 20, 2023.

Highlights of the Proposed Rule

DHS's goal is to "modernize and improve" both the H-2A and H-2B regulations to "strengthen worker protections and the integrity of the H-2 programs, provide greater flexibility for H-2A and H-2B workers, and improve program efficiency." DHS's proposed rulemaking would include:

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