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Ex. AGY-FED-LABOR-IMMIGRATION-003 Order Primary source read

Temporary final rule, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020), adding 8 C.F.R. 214.2(h)(21)

Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency

Secretary of Homeland Security (Acting Secretary Chad F. Wolf), through USCIS · United States Department of Homeland Security, U.S. Citizenship and Immigration Services (federal agency) (Federal)

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The record

Jurisdiction
United States Department of Homeland Security, U.S. Citizenship and Immigration Services (federal agency)
Level
Federal
Authority
8 U.S.C. 1103(a), 1184(a)(1) and (c); 6 U.S.C. 112 (authority citation for 8 C.F.R. part 214)
Issued
2020-04-20 Apr. 20, 2020
Effective
2020-04-20
End
2020-08-18 (automatic termination; partially extended by Ex. 005) (read as 2020-08-18)
In force
Apr. 20, 2020 to Aug. 18, 2020
Quarters
2020 Q22020 Q3
Limitation types
Travel and quarantineWorkplace rulesSupply chainOther
Addressees
  • H-2A petitioners (agricultural employers, agents, associations)
  • H-2A workers in the United States
Functions reached
  • LB seasonal labor supply: consular closures interrupted H-2A visa issuance; rule permits in-country H-2A workers to change employers and exceed the 3-year limit
  • HR hiring and start dates tied to USCIS receipt and adjudication
  • FP farm production and harvest staffing
  • SC food supply chain (rule's stated purpose)
Collection
Federal labor and immigration agencies AGY-FED-LABOR-IMMIGRATION

Operative words

SUMMARY: As a result of disruptions and uncertainty to the U.S. food agriculture sector during the upcoming summer agricultural season caused by the global novel Coronavirus Disease 2019 (COVID-19) public health emergency, the Department of Homeland Security... is temporarily amending its regulations regarding temporary and seasonal agricultural workers, and their U.S. employers, within the H-2A nonimmigrant classification... DATES: This final rule is effective from April 20, 2020 through August 18, 2020.... Given these extraordinary times and possible delays of H-2A visa issuance at the U.S. Embassies and Consulates, the Department has determined to temporarily amend its regulations affecting H-2A workers... To be approved under this final rule, an H-2A petition for an extension of stay with a new employer must have been received on or after March 1, 2020 and remain pending as of the effective date of this rule... the changes made by this final rule will automatically terminate on August 18, 2020.

Enforcement

Conditions on petition approval and employment authorization under 8 C.F.R. 214.2(h)(21) and 274a.12(b)(21); unauthorized employment consequences under INA 274A (8 U.S.C. 1324a)

Notes

The rule is the federal government's own statement that the March 2020 consular shutdown (Ex. 060) and the entry restrictions limited the flow of seasonal agricultural labor into the United States; it reaches growers, packers, nurseries, and the processors and distributors dependent on them.

Retrieval note

FR Doc. 2020-08356; read from govinfo.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.