The US Department of Homeland Security (DHS), with the support of the Department of Agriculture, has issued a temporary final rule to amend certain H-2A requirements to help agricultural employers “avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency.” Under the temporary final rule, which is effective immediately upon publication in the federal register, all H-2A petitioners with a valid temporary labor certification can start employing certain foreign national workers currently in valid H-2A status in the US immediately after USCIS receives the H-2A petition, but not earlier than the start date of employment listed on the petition.
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