Final Rule on H2-B Employers Issued by DHS

Stating that it will benefit U.S. businesses by facilitating a timely flow of legal workers while ensuring the integrity of the program for temporary nonagricultural immigrant workers, the Dept. of Homeland Security has issued a final rule covering employers in the program.

The rule generally removes the requirement for H–2B petitioners to state on petitions the names of prospective H–2B workers who are outside the United States and reduces the existing obligatory waiting period from 6 months to 3 months for an H–2B worker who has reached his or her maximum three-year period of stay before such person may seek an extension of nonimmigrant stay, change of status, or readmission to the United States in any H or L nonimmigrant status. The rule provides a more flexible definition of ‘‘temporary services or labor,’’ which is generally defined as a period of one year but could be for a specific one-time need of up to 3 years DHS says.