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Ex. AGY-FED-LABOR-IMMIGRATION-004 Order Primary source read

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)

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

Secretary of Homeland Security, through USCIS · United States Department of Homeland Security, USCIS (federal agency) (Federal)

The COVID Project

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
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

Petition approval conditions and employment authorization under 8 C.F.R. 214.2(h)(23) and 274a.12; INA 274A

Notes

Footnote 8 of the rule cites 'DOS, Status of U.S. Consular Operations in Mexico in Light of COVID-19' (updated Apr. 13, 2020), recording that consular operations in the principal H-2B source country were curtailed.

Retrieval note

CORRECTION to the assignment's citation: the rule begins at 85 Fed. Reg. 28843, not 28764 (verified from the page header and the federalregister.gov API record for FR Doc. 2020-10486).