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Ex. SEC-19-008 Order Primary source read

Temporary final rule, 8 C.F.R. 214.2(h) and 20 C.F.R. 655 (FY 2021 H-2B supplemental cap)

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

Department of Homeland Security (USCIS) and Department of Labor (ETA) · United States (Federal)

The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. O, tit. I, sec. 105; INA sec. 214(g)
Issued
2021-05-25 May 25, 2021
Effective
2021-05-25
End
Supplemental visas available through Sept. 30, 2021; portability flexibility through Nov. 22, 2021 (read as 2021-09-30)
In force
May 25, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Travel and quarantineSupply chain
Addressees
  • H-2B employers
  • H-2B workers
  • consular posts
Functions reached
  • LS landscaping seasonal labor (the program's largest user)
  • HR
  • PL hospitality and amusement placements
Collection
Staffing and Support Services SEC-19

Operative words

The 22,000 visas are divided into two allocations: 16,000 visas limited to returning workers... 6,000 visas reserved for nationals of the Northern Central American countries of Honduras, El Salvador, and Guatemala... through the end of the second half of FY 2021

Enforcement

Petition adjudication, attestation of irreparable harm, DOL and DHS audit

Notes

The Q3 2021 federal instrument governing the industry's seasonal labor: the cap, the returning-worker limitation, the irreparable-harm attestation and the Sept. 30, 2021 sunset are the conditions under which landscaping labor was obtainable in the quarter; pleaded as facts and circumstances and as an order limiting commerce in labor.

Retrieval note

86 Fed. Reg. 28198 (May 25, 2021).