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Good news for those working on H-2A and H-2B visas! There are new rules that benefit you  in 2025. As of January 17, 2025, the new rules for the H-2 programs have significant changes that improve working conditions for thousands of migrant workers. These rules, issued by the U.S. Department of Homeland Security (DHS), are an important step toward greater protection and flexibility. Here we explain what some of these changes mean.

Admission Periods

Now, when your H-2A or H-2B visa is approved, you can enter the U.S. 10 days before the start date of the work order and 30 days after the end date. 

More time to look for a new job

Previously, if you lost your job or were fired for defending your employment rights, there was no grace period to look for another job opportunity. With the new rules, if your employment ends before the end of the contract, you have up to 60 days to remain in the U.S. without suffering consequences while applying for a new H-2 job. This gives you more peace of mind and time to find a new employer.

Options for changing employers

If you encounter labor abuses at your workplace, such as a lack of pay or unsafe conditions, you will now be able to change employers more easily. You will no longer have to wait for your new petition to be approved to start working at a new job. You can visit El Portal Migrante for a list of H-2A and H-2B visa jobs published by the U.S. Department of Labor.

Employer Responsibility

Employers will have an obligation to ensure that illegal recruitment fees are not charged. If they fail to comply, they may face penalties such as being barred from participating in the H-2 program for several years.

Want to learn more? Check out our fact sheet: Department of Homeland Security's New Rules for H-2 Programs, January 2025. 

Get informed and stand up for your rights! If you have questions, contact CDM:

From Mexico: (+52) 55 9661 6771

From the United States: (+1) 667 217 5738  

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