{"id":"AGY-FED-LABOR-IMMIGRATION-004","kind":"order","level":"federal","jurisdiction":"United States Department of Homeland Security, USCIS (federal agency)","state":"","metro":"","industry":"","agency":"FED-LABOR-IMMIGRATION","eco":"","issuer":"Secretary of Homeland Security, through USCIS","authority":"8 U.S.C. 1103(a), 1184; 6 U.S.C. 112 (8 C.F.R. part 214 authority citation)","instrument":"Temporary final rule, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020), adding 8 C.F.R. 214.2(h)(23)","title":"Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency","dateIssued":"2020-05-14","effective":"2020-05-14","end":"2020-09-11 (120 days after the effective date for new petitions and attestations)","startDate":"2020-05-14","endDate":"2020-09-11","quarters":["2020Q2","2020Q3"],"types":["TRAV","SUPPLY","EMP","OTHER"],"addressees":["H-2B petitioners whose workers are essential to the U.S. food supply chain","H-2B workers in the United States"],"clause":"SUMMARY: As a result of disruptions and uncertainty to the U.S. economy and international travel caused by the global novel Coronavirus Disease 2019 (COVID-19) public health emergency, the Department of Homeland Security... has decided to temporarily amend the regulations regarding certain temporary nonagricultural workers, and their U.S. employers, within the H-2B nonimmigrant classification. The Department is temporarily removing certain limitations on employers or U.S. agents seeking to hire certain H-2B workers already in the United States to provide temporary labor or services essential to the U.S. food supply chain, and certain H-2B workers, who are essential to the U.S. food supply chain, seeking to extend their stay.... 8 C.F.R. 214.2(h)(23)(iv): Notwithstanding paragraphs (h)(13)(i)(B), (h)(13)(iv) and (v), and (h)(15)(ii)(C) of this section, an H-2B petition seeking an extension of stay for H-2B aliens who are essential to the U.S. food supply chain to work, and submitted with an approved temporary labor certification, may be approved on the basis of this paragraph (h)(23), even if any of the aliens requested in the H-2B petition have otherwise exhausted the applicable 3-year maximum period of stay.","enforcement":"Petition approval conditions and employment authorization under 8 C.F.R. 214.2(h)(23) and 274a.12; INA 274A","functions":["LB seasonal non-agricultural labor (food processing, seafood, meat and poultry) limited to food-supply-chain roles","HR hiring of in-country H-2B workers; other H-2B sectors (landscaping, hospitality, construction) received no relief and remained subject to the consular suspension and, from June 24, 2020, Proclamation 10052","SC food supply chain"],"notes":"Footnote 8 of the rule cites \u0027DOS, Status of U.S. Consular Operations in Mexico in Light of COVID-19\u0027 (updated Apr. 13, 2020), recording that consular operations in the principal H-2B source country were curtailed.","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2020-05-14/pdf/2020-10486.pdf","snapshot":"","fileExists":true,"fileBytes":265097,"grade":"primary","character":"","description":"","collection":"AGY-FED-LABOR-IMMIGRATION","url":"/library/AGY-FED-LABOR-IMMIGRATION-004","exhibitUrl":"/exhibit/AGY-FED-LABOR-IMMIGRATION-004","citation":"Secretary of Homeland Security, through USCIS, Temporary final rule, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020), adding 8 C.F.R. 214.2(h)(23) (Ex. AGY-FED-LABOR-IMMIGRATION-004)","stateName":"","related":[]}