The Department of Homeland Security (DHS) working with the U.S. Department of Agriculture (USDA), have made a temporary final rule change certain H-2A requirements! These temporary changes are to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment! DHS and USDA are working to protect the nation’s food supply chain and lessen impacts during this public health emergency.
*Under this temporary final rule, an H-2A petitioner with a valid temporary labor certification who is concerned that workers will be unable to enter the country due to travel restrictions can start employing certain foreign workers who are currently in H-2A status in the United States immediately after United States Citizenship and Immigration Services (USCIS) receives the H-2A petition, but no earlier than the start date of employment listed on the petition. To take advantage of this time-limited change in regulatory requirements, the H-2A worker seeking to change employers must already be in the United States and in valid H-2A status.
For important details please read the USCIS News Release, “DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply“.
Source of Information:
USCIS (USCIS.gov), 4/15/20, News Release:
DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply