What do new H-2B regulations mean for your snow business?

A new set of regulations took effect January 17, 2025, as part of the Department of Homeland Security’s Final Rule on Modernizing the H-2 program. According to DHS, the goal is threefold: improve efficiency, protect workers and crack down on program misuse. Sounds fair — but what does that actually mean for you?

Faster processing, fewer loopholes

USCIS is working to streamline some of the red tape. The new rule removes the annual “eligible countries” list, so you no longer have to worry about whether your workers are from an approved country. There’s also a simplified rule around how long workers must be outside the U.S. to “reset” their three-year maximum stay — just 60 consecutive days. In other words, fewer bureaucratic delays, and clearer standards.

New grace periods and greater worker mobility

The final rule also introduces flexibility for H-2B workers, including:

• A 60-day grace period if their employment ends early, giving them time to find another job or prepare to leave.
• Permission to start working for a new employer immediately upon filing a valid transfer petition (instead of waiting for USCIS approval).
• Clarification that brief periods before and after the approved work dates (10 days before, 30 days after) won’t count against status.

This is huge for employers who need to onboard cap-exempt workers quickly — and for workers trying to avoid falling out of status if a contract ends early.

Stronger worker protections, higher employer stakes

The new rule imposes mandatory and discretionary grounds for denial or revocation of petitions if employers:

• Charge illegal recruitment or placement fees
• Commit labor law violations
• Interfere with site visits or fail to cooperate with USCIS
• Retaliate against whistleblowers

H-2B workers now have formal whistleblower protections, modeled after those in the H-1B program — meaning if someone reports abuse or violations, and you’re not playing by the book, things can escalate fast.

Enforcement on the rise

If it feels like there’s more scrutiny on seasonal employers lately, you’re not imagining it. Enforcement is on the rise, and H-2B employers are firmly in the spotlight. In just the past year, ICE has carried out coordinated workplace raids, detaining employees and triggering investigations. At the same time, I-9 audits are increasing — with agents showing up unannounced and reviewing everything from worker documents to internal payroll records.

Clean house now

New grace periods and streamlined rules mean more options for managing your workforce. But stronger compliance tools mean higher risk if you get it wrong. Review your I-9s. Ensure no worker is paying fees to recruiters. Update internal policies for site inspections and document retention. This year isn’t business as usual. It’s business with a spotlight on it. Assume you’ll be checked — and prepare like it’s already on the calendar. 

Read more about H-2B for winter services here

Nataly Mualem is owner of the Mualem Firm in Ohio. She is an immigration attorney with expertise in the H-2B visa process. Learn more at www.mualemfirm.com or email her at natalymualem@mualemfirm.com.