The Department of Homeland Security (DHS) announced a temporary final rule to change certain H-2B requirements to “help support the U.S. food supply chain, maintain essential infrastructure operations and reduce the impact from the coronavirus (COVID-19) public health emergency.” The H-2B nonimmigrant classification applies to foreign national workers seeking to perform nonagricultural services or labor of a temporary nature in the US, usually lasting no longer than one year, for which able, willing, and qualified US workers are not available. DHS notes that these temporary measures apply solely to foreign nationals already present in the US with a valid H-2B nonimmigrant status, and also notes that the temporary final rule does not increase H-2B visas above the congressionally mandated 66,000 visa cap through the remainder of fiscal year (FY) 2020.
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