On 2/6/08 DHS announced proposed changes to regulations affecting H-2A
temporary and seasonal agricultural workers. In sum, the proposed amendments
would:
- Revise limitations on agricultural workers' length of stay
- Relax limitations on employers to petition unnamed agricultural workers
- Provide temporary employment authorization to agricultural workers
seeking extension of status through a different employer
- Modify the notification and payment requirements for employers if the
foreign national does not show up at the start of the employment period
- Require certain employer attestations
- Preclude the imposition of fees by employers or recruiters on
prospective beneficiaries
- Preclude consideration of certain temporary labor certification denials
- Bar H-2A status for nationals of countries that unreasonably deny
repatriation
- Establish a pilot program under which foreign nationals admitted on
certain temporary worker visas at a port of entry participating in the
program, depart through a port of entry participating in the program