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Ex. FED-320 Order Primary source read

Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)

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

U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services · United States (H-2A employers and workers) (Federal)

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The record

Jurisdiction
United States (H-2A employers and workers)
Level
Federal
Authority
INA §§ 101(a)(15)(H)(ii)(a), 214(c); 8 C.F.R. § 214.2(h); 5 U.S.C. § 553(b)(B) (good cause)
Issued
2020-04-20 Apr. 20, 2020
Effective
2020-04-20 through 2020-08-18 (read as 2020-04-20)
End
2020-08-18 (partially extended by 85 Fed. Reg. 51304, Ex. FED-322) (read as 2020-08-18)
In force
Apr. 20, 2020 to Aug. 18, 2020
Quarters
2020 Q22020 Q3
Limitation types
Supply chainOther
Addressees
  • H-2A petitioners (agricultural employers)
  • H-2A workers in the United States
Functions reached
  • LB farm labor supply
  • FP harvest and packing
  • SC food supply chain
Collection
Federal commerce, travel, workplace and finance layer FED-B

Operative words

DATES: This final rule is effective from April 20, 2020 through August 18, 2020. [The rule permits H-2A workers already in the United States to begin work with a new petitioning employer upon filing, and temporarily lifts the three-year maximum period of stay, 'as a result of disruptions and uncertainty to the U.S. food agriculture sector' caused by the COVID-19 national emergency and the suspension of routine visa services.]

Enforcement

USCIS petition adjudication; 8 C.F.R. § 214.2(h)

Notes

The Department's own premise for the rule is that the consular suspension and the entry restrictions disrupted the agricultural labor supply; the rule is a federal instrument regulating the commerce in farm labor for 2020 Q2 and Q3.

Retrieval note

DATES caption quoted; the bracketed summary states the rule's operative provisions from its text.