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DHS Announces Notice of Proposed Rulemaking on H-2A Workers
- Febuary 07, 2008

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

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