Compliance Stuff

  The Department of Homeland Security (DHS) has   issued a Final Rule   for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025. The Rule is aimed at modernizing the regulations governing the H-2A and H-2B temporary worker programs — programs that are essential for U.S. employers seeking foreign labor for temporary agricultural (H-2A) and non-agricultural (H-2B) work when domestic labor is unavailable. Below are the main takeaways. Improving Program Efficiency: Elimination of Eligible Countries List:  E mployers are able to hire workers from any country. DHS will no longer be publishing annual lists of H-2 eligible countries, streamlining the process for employers. Simplified Period of Stay Calculations:  T he Rule standardizes the period that resets a worker’s three-year maximum stay in the United States to a uniform absence of at least 60 days, eliminating complex “interrupted” stay provisions. Increasing Flexibility for Wor...

  The Biden Administration is being urged to finalize some business immigration issues before Jan. 20, 2025 , when the next presidential administration takes office, including: Surge resources:  Democratic lawmakers  asked USCIS to “surge” resources  to eliminate the backlog of employment authorization applications (for new arrivals and other non-citizens) using the $34 million that had been set aside for discharging backlogs with new technologies, staffing increases, and greater use of worker overtime . H-1B modernization:  Business immigration advocates  are asking USCIS  to finalize more parts of the  Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Rule . Proposed in 2023, the  rule would specifically codify  some pro-business guidance, including: Expand cap-gap for foreign students; Expand the definitions of “nonprofit research organization” and “g...