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The United States government is proposing changes to the H-2A and H-2B programs. The proposed changes are positive, although they do not address all of the programs' flaws.

The Department of Homeland Security (DHS) and the Department of Labor (DOL) are the agencies responsible for this process. Each agency offers a period of time for the public to comment against or in favor of the changes it proposes. After considering the feedback they receive, the agencies will decide whether to implement the changes or make additional changes.

It is VERY important that the government consider the perspectives of migrants who have worked in the H-2 programs, so we invite you to review the proposal and leave your comments. In this blog, you will find information on how to submit a comment to DHS, which has proposed changes to the structure of the H-2A and H-2B programs, and also how to submit a comment to the DOL, which has proposed changes that cover only people recruited for work with H-2A visas.

How to submit a comment about changes to the H2 rules to the Department of Homeland Security (DHS):

Covers: H-2A and H-2B programs

Deadline: November 20, 2023

• Step 1: Visit the US federal government regulations page.
• Step 2: Copy the Template text below and paste it in the space below the word “Comment.” Make any edits you want! The comment would be stronger if you explained how the proposed changes would affect you.
• Step 3: Select “An Individual” from the options below the comment box if you want to share your name, or select “Anonymous” if you prefer not to give your name.  Organizations are also welcome to submit comments by choosing “an Organization.”
• Step 4: Click “Submit Comment” to continue.

Model (example of a comment):

Dear Secretary Mayorkas and Mr. Nimick,

I am writing to express my support for key labor protections included in the Proposed Rule on Modernizing H–2 Program Requirements, Oversight, and Worker Protections (Docket USCIS-2023-0012). H-2A and H-2B visa holders are among the most vulnerable workers in the United States and are in need of government protection. I commend the Department of Homeland Security and the Department of Labor for proposing protections workers have been demanding for years, and I encourage them to maintain those protections in the final rule. Key protections include:

• Measures against recruitment fees and other illegal fees. When workers are illegally charged recruitment fees, it limits their freedom to speak out against injustices and leave abusive employers. Holding employers accountable for what their recruiters do is an important first step in eliminating illegal fees.
• Greater flexibility for working people. Workers in H-2 programs are largely dependent on their employer. Many employers use this power to silence workers and violate their rights. Making it easier for people to change employers and stay in the United States for 60 days after leaving a job will give options to hard-working people who want to leave an abusive employer. We cannot allow raising our voice to cause a working person to lose their job, their income, their family's breadwinner, and their immigration status.
• Prohibition of breach fees. In addition to recruitment fees, contract breach fees limit the mobility and freedom of workers. Each and every worker should have the right to leave abusive working conditions without incurring an excessive financial burden.

I appreciate the steps you have taken to ensure that all migrant workers in the United States have basic labor rights. I ask that you please preserve the basic protections included in the proposed rules.

Kind regards,

[YOUR NAME]

How to submit a comment about changes to the H-2A rules to the Department of Labor (DOL):

Covers: H-2A program

Deadline: November 14, 2023

• Step 1: Visit the US federal government regulations page.
• Step 2: Copy the Template text below and paste it in the space below the word “Comment.” Make any edits you want! The comment would be stronger if you explained how the proposed changes would affect you.
• Step 3: Select “An Individual” from the options below the comment box if you want to share your name, or select “Anonymous” if you prefer not to give your name. Organizations are also welcome to submit comments by choosing “an Organization.”
• Step 4: Click the reCPATCHA box, “I’m not a robot” before clicking the “Submit Comment” button to continue.

Model (example of a comment):

Dear Acting Secretary Julie Su and Mr. Pasternak,

I am writing to express my support for the key labor protections included in the Proposed Rule on Improving Protections for Workers in Temporary Agricultural Employment in the United States (Docket ETA-2023-0003-0001). H-2A visa holders are among the most vulnerable workers in the United States, and in need of government protection. I commend the Department of Labor for proposing protections workers have been demanding for years, and I encourage the agency to maintain those protections in the final rule. Key protections include:

• Increase transparency in the recruitment process. Abuses in the recruitment process, like illegal recruitment fees, limit migrant workers’ freedom to speak out against injustices and leave abusive employers behind. Making recruitment processes transparent is an important first step in eliminating illegal recruitment fees and fraud.
• Greater protection against unfair terminations. Migrant workers leave everything behind in search of a better future for themselves and their families. Changes to the definition of termination for cause would help ensure that workers do not have to return home empty-handed due to wrongful terminations.

I appreciate the steps you have taken to ensure that all migrant workers in the United States have basic labor rights. I ask that you please preserve the basic protections included in the proposed rules.

Kind regards,

[YOUR NAME]