The COVID Project
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
Attestation requirements (Form ETA-9142B-CAA-4) enforceable through DOL WHD H-2B enforcement (20 C.F.R. part 655 subpart A; 29 C.F.R. part 503) and DHS petition conditions
Notes
The rule's preamble recites the COVID-19 disruption of the FY2021 H-2B season (including the pause on Proclamation 10052 processing) as the reason for the supplemental allocation and portability; in force through the last day of 2021 Q3.
Retrieval noteFR Doc. 2021-11048; the preamble's footnote 99 cites Proclamation 10143 of Jan. 25, 2021 (FED-B's).