What impact did the DHS’ final rule have on H2B visa requirements?
Late last year, the Department of Homeland Security (DHS) published a final rule, “Changes to Requirements Affecting H-2B Nonimmigrants,” which gave the Secretary of Homeland Security the authority to publish a list of ‘designated’ countries whose residents could be beneficiaries of H-2B visas. The initial list, published in January, lists countries that are ‘essential’ for the H-2B program’s success and have indicated their cooperation in the repatriation of any of their residents that have received final orders of removal from the US. Under current regulations, only nationals of the countries on this list (or those that have made special arrangements with DHS) may apply for and be approved for H-2B status. Why did the DHS publish this rule? The DHS final rule is meant to strengthen the integrity of the H-2B program, and encourage and facilitate the lawful employment of foreign workers, as well as provide important protections to both US and foreign workers. The DHS H-2B country list
