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DHS Announces Temporary Changes to H-2A Requirements

DHS announced a temporary final rule to change certain H-2A requirements. 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 USCIS receives the H-2A petition, but no earlier than the start date of employment listed on the petition.

Additionally, USCIS is temporarily amending its regulations to allow H-2A workers to stay beyond the three-year maximum allowable period of stay in the United States.

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Cite as AILA Doc. No. 20041536.

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