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DHS/USCIS RIN: 1615-AC76 Publication ID: Spring 2024 
Title: Modernizing H-2 Program Requirements, Oversight, and Worker Protections 
Abstract:

On September 20, 2023, DHS published a notice of proposed rulemaking (NPRM) which proposed several changes to modernize and reform the H-2A and H-2B nonimmigrant worker programs. Many of the proposals contained in the NPRM were informed by public feedback USCIS received in response to its April 19, 2021 Request for Public Input. Specifically, the NPRM incorporated new policies that if finalized would produce program efficiencies, address current aspects of the program that may unintentionally result in exploitation or other abuse of persons seeking to come to this country as H-2A and H-2B workers, build upon existing protections against prohibited payments or other assessment of fees and/or salary deductions by H-2A and H-2B employers in connection with recruitment and/or H-2 employment, and otherwise add protections for workers. DHS did not propose any changes that would revise the temporary labor certification process or the regulations contained in 20 CFR part 655 or 29 CFR part 501 and 503. The public comment period closed November 20, 2023, and DHS is continuing to review the comments received during the comment period and in accordance with the instructions contained in the NPRM.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 8 CFR 214.2    8 CFR 274a.12     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 6 U.S.C. 202, 8 U.S.C. secs. 1101(a)(15)(H)(ii)(a) and (b)    1103(a)(3), 1184(a), (c) and (g), 1324a, 1225    1357   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/20/2023  88 FR 65040   
NPRM Comment Period End  11/20/2023 
Final Action  11/00/2024 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.regulations.gov   Public Comment URL: https://www.regulations.gov  
RIN Data Printed in the FR: Yes 
Agency Contact:
Charles Nimick
Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000