Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)

The record

Jurisdiction

United States (H-2B employers and workers)

Level

Federal

Authority

INA §§ 101(a)(15)(H)(ii)(b), 214(c); 8 C.F.R. § 214.2(h)

Issued

2020-05-14 May 14, 2020

Effective

2020-05-14 (flexibilities requested by petition within 120 days); rule effective through May 15, 2023 (read as 2020-05-14)

End

petition window closed Sept. 11, 2020 (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

Other

Addressees

• H-2B petitioners in food-supply-chain occupations
• H-2B workers

Functions reached

• WF seasonal labor for food processing and distribution
• SC

Collection

Federal commerce, travel, workplace and finance layer FED-B

Operative words

SUMMARY: As a result of disruptions and uncertainty to the U.S. [food supply chain caused by the COVID-19 national emergency, DHS temporarily permits H-2B workers in the United States to begin work for a new employer engaged in essential food-supply-chain work upon the filing of a petition.]... DATES: This final rule is effective from May 14, 2020, through May 15, 2023. Employers may request the flexibilities under this rule by filing an H-2B petition, including the new attestation and all required evidence, on or after the effective date of this rule and until 120 days thereafter.

Enforcement