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COVID-19: USCIS issues temporary final rule, lifting certain H-2A program limitations

  1. Original Date Announced

    April 20, 2020

    COVID-19: USCIS issues a temporary final rule, effective from April 20, 2020 until August 18, 2020, allowing H-2A petitioners with a valid temporary labor certification to start employing workers currently in the United States in valid H-2A status immediately after USCIS receives the H-2A petition filed by the new employer, no earlier than the start date of employment listed on the H-2A petition. Additionally, the rule allows H-2A workers to extend their stay in the United States beyond the 3-year maximum allowable period. The rule was signed by Chad Mizelle, Senior Official Performing the Duties of the DHS General Counsel, on behalf of Acting Secretary Wolf.

    [ID #594]

    Press Release: DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply USCIS Temporary Final Rule: Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to COVID
  2. Effective Date

    April 20, 2020

Current Status

Fully in Effect

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: USCIS DOL

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