DHS ANNOUNCEMENTS

On Nov. 08, 2023, The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. See here https://www.uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs-1.

On Nov. 16, 2023, the Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) published a temporary final rule making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024, on top of the statutory cap of 66,000 H-2B visas that are available each fiscal year. American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand from consumers. See https://www.uscis.gov/newsroom/news-releases/uscis-announces-availability-of-additional-h-2b-visas-for-fiscal-year-2024.

What do these announcements mean? They mean more opportunities for foreign workers to come to the United States for temporary agricultural and non-agricultural employment. If you are interested in participating in these programs, be sure to check the list of eligible countries and start the application process. This is a great opportunity for both employers and foreign workers to fill important roles and support various industries in the United States.

DEPARTMENT OF LABOR ANNOUNCES NEW ACTIONS IN WHITE HOUSE TASK FORCE REPORT TO PROTECT MIGRANT, US WORKERS AGAINST EMPLOYER EXPLOITATION

On October 19, 2023, the White House H-2B Worker Protection Taskforce report, the U.S. Department of Labor joined the Department of Homeland Security, Department of State and U.S. Agency for International Development to announce new efforts to strengthen protections for workers in the H-2B program, who are vulnerable to exploitation by their employers.

Each agency involved in the task force is committed to key actions aimed at improving the safety and security of all workers under the H-2B program and ensuring American workers are not disadvantaged when employers use the visa program. These actions include better protecting workers engaged in labor disputes, addressing exploitation during recruitment, sharing resources with workers to inform them of their rights, enhancing data sharing and participating in a new working group dedicated to H-2 workers’ rights.

The announcement is part of the Biden-Harris administration’s whole-of-government approach to ensuring our most vulnerable workers know their rights, are protected from abuse at the hands of their employers and can advocate for themselves at work.

“The H-2B program has been plagued by worker exploitation for too long,” said Acting Secretary of Labor Julie Su. “The Biden-Harris administration is committed to protecting H2-B workers from abuse and with this report, we’re taking a whole-of-government approach to protecting these vulnerable workers, which will also help ensure they are not used to undercut labor standards for domestic workers. We look forward to working with our sister agencies across the federal government to implement these recommendations and work towards better protecting every worker in America.”

The White House Taskforce report announces more than a dozen action items to be taken across the federal government to advance protections for H-2B and, in select cases, H-2A workers. Partnering with the White House, Department of Homeland Security, Department of State and U.S. Agency for International Development, the Department of Labor will:

1. Reduce workers’ vulnerability to exploitation from labor recruiters and employers by using enhanced information collection from other agencies, making it easier to prevent and enforce against exploitation by recruiters.
2. Empower workers by identifying and developing resources designed to provide workers with information about their rights under H-2 programs and disseminating information widely, including through MigrantWorker.gov and through additional task force agency channels.
3. Leverage existing data to increase transparency and reduce the vulnerability of H-2 workers through interagency data sharing, which will improve outreach and streamline responses to labor law violations.
4. Participate in a new interagency H-2 Worker Protection Working Group to guide the implementation of deliverables described in the task force report.
Read the interagency report and learn more about the H-2B Worker Protection Taskforce.

Agency Employment and Training Administration
Date October 19, 2023
Release Number 23-2256-NAT