BloodHorse Features Immigration Attorney’s Insight on Landmark Decision
BloodHorse published an in-depth article covering a significant development from the Department of Homeland Security (DHS): a final rule designed to modernize and improve the H-2 visa programs for seasonal and temporary workers. This policy shift is expected to bring long-needed relief and opportunity to industries that depend heavily on these visa categories, including agriculture and the Thoroughbred racing and breeding sectors.
The final rule, which takes effect on January 17, 2025, includes sweeping reforms focused on three key areas:
- Improving program efficiency
- Strengthening worker protections
- Enhancing worker flexibility
Among the most impactful changes is the new pathway that allows H-2A and H-2B workers to pursue permanent residency in the United States without jeopardizing their current nonimmigrant status. This eliminates the long-standing conflict between temporary work authorization and the desire to build a life in the U.S.—a move that immigration attorney William Velie described in the article as a major breakthrough.
“It allows workers to expressly pursue permanent residence… That, to me, is such a huge accomplishment for the workers—that they can finally get a piece of the rock,” said Velie. “They’ve been coming on H-2B visas for 20+ years, unable to bring their families, unable to build equity. This changes everything.”
William Velie, who has represented clients in the horse racing industry for over two decades, emphasized the long-term value of this change for both workers and employers. By offering greater stability, the rule is expected to create a more reliable and invested workforce, ultimately benefiting the industries that depend on these essential roles.
The article also highlights several technical and procedural improvements, including:
- A 60-day grace period for workers after job loss to find new employment or prepare for departure without accruing unlawful presence.
- The ability for H-2 workers to begin work with a new employer immediately after a petition is filed—rather than waiting for approval.
- An end to the country-of-origin list restriction, making it easier to petition workers from a broader range of countries.
- Clearer standards for USCIS compliance reviews and enforcement actions against employers who violate labor laws or exploit workers.
William Velie also commented on the rule’s timing, noting its strategic release 32 days before a new administration takes office, potentially helping shield it from immediate reversal.
“It’s not a coincidence. Releasing this more than 30 days before a transition gives the rule some insulation,” Velie said. “It will take time and effort to reverse, which may allow the rule to stand long enough to create real momentum and impact.”
With these changes, H-2 workers now have new protections, more freedom to navigate the U.S. labor market, and—for the first time—a clear path toward building permanent lives here.
We’re proud to see William Velie’s insight featured in this important coverage, and we remain committed to supporting workers and employers navigating the evolving landscape of immigration law.
Read the full article on BloodHorse here
