Federal
Congress Considers Blocking DHS Rule on H-2 Visa Worker Protections
H.J. Res. 21 is a congressional disapproval resolution that would overturn a Department of Homeland Security rule titled 'Modernizing H-2 Program Requirements, Oversight, and Worker Protections.' The H-2 visa program allows U.S. employers to bring foreign nationals to the United States for temporary agricultural (H-2A) and non-agricultural (H-2B) work when domestic workers are unavailable. The DHS rule in question updates requirements and oversight procedures for the program and adds worker protections. If this resolution passes both chambers and is signed into law, the DHS rule would be nullified and could not be reissued in substantially the same form. The resolution has been referred to the House Committee on the Judiciary.
✓ REASONS TO SUPPORT
- Blocking the rule would prevent new regulatory requirements that employers say could make it harder or more costly to hire temporary foreign workers when they need them.
- Overturning the rule returns H-2 program oversight to prior standards, which some argue were sufficient and less burdensome for small businesses and farms.
- Congressional disapproval asserts legislative oversight over executive agency rulemaking, keeping regulatory changes subject to elected representatives' approval.
- Eliminates new compliance obligations that employers would otherwise have to meet, potentially reducing administrative costs for businesses using the H-2 program.
✕ REASONS TO OPPOSE
- Blocking the rule removes updated protections for temporary foreign workers, who advocates say can be vulnerable to exploitation and unsafe conditions.
- Overturning the modernization rule could leave oversight mechanisms for the H-2 program unchanged, even where existing rules may have gaps or outdated procedures.
- Nullifying the rule prevents DHS from implementing reforms it determined were necessary to improve program integrity and worker safety standards.
- Once overturned under the Congressional Review Act, the rule cannot be reissued in substantially the same form, limiting future regulatory flexibility on these issues.
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