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

  1. 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
  2. Effective Date

    May 14, 2020

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Rule
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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