Temporary final rule, Exercise of Time-Limited Authority To Increase the Fiscal Year 2021 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change Employers, 86 Fed. Reg. 28198 (May 25, 2021)

The record

Jurisdiction

United States Department of Homeland Security (USCIS) and Department of Labor (Employment and Training Administration, Office of Foreign Labor Certification) (federal agencies)

Level

Federal

Authority

Pub. L. 116-260, div. O, sec. 105; 8 U.S.C. 1103(a), 1184; 29 U.S.C. 49 et seq.

Issued

2021-05-25 May 25, 2021

Effective

2021-05-25

End

2021-09-30 (20 C.F.R. amendments; 20 C.F.R. 655.68 to 2024) and 2021-11-22 (8 C.F.R. amendments) (read as 2021-09-30)

In force

May 25, 2021 to Sept. 30, 2021

Quarters

2021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Travel and quarantineWorkplace rulesSupply chain

Addressees

• H-2B employers (landscaping, hospitality, seafood, construction, forestry)
• H-2B workers

Functions reached

• LB seasonal non-agricultural labor for the 2021 summer season, conditioned on COVID-19 attestations and portability rules
• HR hiring under the supplemental cap
• SC

Collection

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

Operative words

SUMMARY: The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2021 authority and increasing the numerical limitation on H-2B nonimmigrant visas by up to 22,000 additional visas through the end of FY 2021... The amendments to title 8 of the Code of Federal Regulations in this rule are effective from May 25, 2021 through the end of November 22, 2021. The amendments to title 20 of the Code of Federal Regulations in this rule are effective from May 25, 2021 through September 30, 2021, except for 20 CFR 655.68 which is effective from May 25, 2021 through May 25, 2024.

Enforcement

Notes