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)

The record

Jurisdiction

United States Department of Homeland Security, USCIS (federal agency)

Level

Federal

Authority

8 U.S.C. 1103(a), 1184; 6 U.S.C. 112 (8 C.F.R. part 214 authority citation)

Issued

2020-05-14 May 14, 2020

Effective

2020-05-14

End

2020-09-11 (120 days after the effective date for new petitions and attestations) (read as 2020-09-11)

In force

May 14, 2020 to Sept. 11, 2020

Quarters

2020 Q22020 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Travel and quarantineWorkplace rulesSupply chainOther

Addressees

• H-2B petitioners whose workers are essential to the U.S. food supply chain
• H-2B workers in the United States

Functions reached

• 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

Collection

Federal labor and immigration agencies AGY-FED-LABOR-IMMIGRATION

Operative words

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

Notes