Under the 2025 H-2 reforms, can my H-2 worker switch employers without losing status?

Before the 2025 H-2 Modernization Final Rule, an H-2A or H-2B worker who was terminated or whose contract ended had effectively no cushion: status ended with the job, and any new employer required a new visa stamp and re-entry. The 2025 rule rewrote that posture in two ways that matter day-to-day for employers and workers.

True portability between H-2 employers

The rule allows an H-2 worker to begin new H-2 employment as soon as the new employer files a non-frivolous H-2 petition with USCIS — the worker does not have to wait for approval. The new employer must:

• Have an approved temporary labor certification for the position from DOL.
• File the I-129 with H supplement for the worker.
• Mark the petition as a change of employer with the prior petition information.

If the new petition is later denied, the worker reverts to whatever status they would otherwise hold (typically expiring with the prior contract).

The 60-day grace period

When the underlying job ends — whether by completion of the contract, layoff, or termination — the worker now has up to 60 consecutive days, or the end of the authorized validity period (whichever is shorter), to:

• Find a new H-2 employer who files a petition.
• Apply for a change of status to another nonimmigrant category.
• Depart the United States.

The grace period exists once per validity period and is not extendable. It applies to both H-2A and H-2B workers and to H-4 dependents.

Why this matters for employer compliance

The portability rule does not reduce the original employer's contract obligations. An H-2A employer is still bound by the 3/4 guarantee under 20 C.F.R. § 655.122(i) for the period the worker actually worked, and by inbound/outbound transportation rules under 20 C.F.R. § 655.122(h). Retaliating against a worker for exercising portability is now an explicit basis for debarment under the 2025 rule's whistleblower protections.

Recruitment-fee prohibition with teeth

The 2025 rule also bars H-2 employers, agents, or recruiters from charging the worker any prohibited fee. A finding that the worker paid a prohibited fee — even to a foreign recruiter — can trigger debarment unless the employer proves it required and verified fee-free recruitment.

How we handle this

For employer clients, we re-paper recruitment agreements to include the 2025-required prohibitions and audit trails. For worker clients losing a job mid-season, we move quickly: identify portable employers, get the new I-129 filed inside the grace period, and document the start of new work. The portability door closes the day the 60th grace-period day expires — there is no late forgiveness.