On December 18, 2024, the Department of Homeland Security (DHS) finalized H-2A program rules first published as a proposed rule in September 2023. DHS jointly administers the H-2A program with the U.S. Department of Labor (USDOL) and the Department of State — which contributes to the expense and difficulty of using the H-2A program.

DHS’ new rule is designed to ease employee “portability” (allowing employees to move more easily between program-certified employers, particularly between seasons of employer need), removes the word “abscond” from their rules (employers were required to report “absconding” employees if they were aware that an employee failed to return to their home country on schedule; the reporting requirement remains, but the agency has opted to eschew the word “abscond), increases penalties against employers and recruiters for collection of illegal recruitment fees, reduces annual “touchback” requirements from 3 months to 60 days, and eases “dual intent” requirements for prospective H-2A employees who are also applying for permanent resident status or other visa statuses available through the U.S.-Mexico Free Trade Agreement.

You can read more in today’s Federal Register notice, Modernizing H-2 Program Requirements, Oversight, and Worker Protections.