COVID-19: USCIS issues temporary final rule modifying H-2B requirements

Original Date Announced
May 14, 2020
COVID-19: USCIS issues a temporary final rule allowing H-2B employees already in valid status in the U.S. on or after March 1, 2020, whose work is essential to the U.S. food supply chain, to begin working upon USCIS' receipt of their H-2B petitions accompanied by an approved temporary labor certification. This change is applicable to petitions filed March 1, 2020 to September 11, 2020. It also allows such essential H-2B workers to extend their H-2B period of stay with the same or a new employer beyond the 3-year limitation, without first requiring them to remain outside of the United States for an uninterrupted period of 3 months. The rule, signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf, is effective May 14, 2020 to May 15, 2023.
[ID #599]
Federal Register Temporary Final Rule: Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency
Effective Date
May 14, 2020
Subsequent Trump and Court Action(s)
- Cap Count for H-2B Nonimmigrants
  
  USCIS released its H-2B cap count for FY2021, stating that it has received 18,512 beneficiaries toward the 33,000 cap for the first half of FY2021, with 16,791 approved and 1,721 pending.
  View Document

Fully in Effect

Status: Final/Actual

Trump Administration Action: Rule

Subject Matter: Non-Immigrant Visas: Employment-Based

Agencies Affected: USCIS DOL

Pre Trump-Era Policies

8 CFR section 214.2(h)(23) provides the requirements for petitioning for H-2B status.
8 CFR 214.2

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