H-2A Temporary Agricultural Worker, Notice of Proposed Rulemaking

The proposed changes to the H-2A Temporary Agricultural Worker Program rule reduce current limitations and certain delays faced by U.S.employers and relax current limitations on employers’ ability to petition for multiple, unnamed agricultural workers.

With the proposed changes, a temporary worker worker may now remain in the U.S. 30 days (rather than 10) after employment ends. A temporary agricultural worker must wait 3 months (rather than 6) outside the U.S. before he or she is eligible to reenter the country under H-2A status.

Also, 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 USCIS approves the change, as long as the new employer participates in USCIS’ E-Verify program. 

The proposed rule would encourage the lawful employment of foreign temporary and season agricultural workers by:

• Requiring an employer to swear regarding the scope of the H-2A employment and the use of recruiters to locate H-2A workers;
• Cracking down on employers and recruiters who impose fees on prospective H-2A workers;
• Eliminating employers’ ability to file an H-2A petition without an approved temporary labor certification; and
• Prohibiting the approval of H-2A petitions for nationals of countries that  consistently refuse or unreasonably delay repatriation of their nationals.

The rule also proposes establishing a land-border exit system pilot program. Under this program, H-2A visa holders admitted through one port of entry participating in the program could also depart through another port of entry participating in the program. Upon departure, H-2A visa holders would present designated biographical information, possibly including biometric identifiers. 

Notice of Proposed Rulemaking

• Notice of Proposed Rulemaking: Changes to Requirements Affecting H-2A Nonimmigrants

Comment Period

The comment period on this rule closed on March 31, 2008. View the rule and posted comments at regulations.gov. Reference Docket # USCIS-2007-0055.