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DHS/USCIS RIN: 1615-AB65 Publication ID: Spring 2009 
Title: Changes to Requirements Affecting H-2A Nonimmigrants  
Abstract: U.S. Citizenship and Immigration Services is amending the regulations affecting temporary and seasonal agricultural workers within the H-2A nonimmigrant category and their U.S. employers. The rule relaxes the current limitations on the ability of U.S. employers to petition unnamed agricultural workers to come to the United States and makes related changes to the evidentiary requirements for such petitions. In addition, the rule revises the current limitations on agricultural workers’ length of stay, including redefining “temporary employment,” lengthening the amount of time an agricultural worker may remain in the United States after their H-2A nonimmigrant status has expired, and shortening the time period that an agricultural worker whose H-2A nonimmigrant status has expired must wait before he or she is eligible to obtain H-2A nonimmigrant status again. Finally, this rule provides for temporary employment authorization to agricultural workers seeking an extension of their H-2A nonimmigrant status through a different U.S. employer. These changes are necessary to encourage and facilitate the lawful employment of foreign agricultural workers. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 214    8 CFR 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 USC 1101 and 1102   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  02/13/2008  73 FR 8230   
NPRM Comment Period End  04/14/2008    
Final Action  12/18/2008  73 FR 76891   
Additional Information: CIS 2428-07
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Sophia Cox
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW., 2nd Floor,
Washington, DC 20529
Phone:202 272-1522
Email: sophia.cox@dhs.gov