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DHS/USCIS RIN: 1615-AC55 Publication ID: Spring 2021 
Title: Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities 

The  Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) is temporarily amending regulations governing the employment of temporary and seasonal agricultural workers within the H-2A nonimmigrant classification by U.S. employers, to allow H-2A workers to begin work immediately after the H-2A petition is received by USCIS and before it is approved. These flexibilities are necessary to ensure the integrity of the U.S. food supply chain given disruptions and uncertainty to the U.S. food agriculture sector caused by the global novel Coronavirus Disease 2019 (COVID-19), including the continuous appearance of new COVID-19 variants, and concerns related to the ongoing vaccination efforts.  The flexibilities under this rule will end on June 17, 2022. DHS initially provided these flexibilities on April 20, 2020, and extended them in August and December of the same year. This temporary final includes a request for public comments.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
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: 6 U.S.C. 202    6 U.S.C. 212    6 U.S.C. 236    8 U.S.C. 1103    8 U.S.C. 1184    8 U.S.C. 1324a    48 U.S.C. 1806    8 U.S.C. 1101    ...   
Legal Deadline:  None
Action Date FR Cite
Temporary Final Rule  04/20/2020  85 FR 21739   
Temporary Final Rule Effective--04/20/2020 through 08/18/2020  04/20/2020 
Temporary Final Rule  08/20/2020  85 FR 51304   
Temporary Final Rule Effective 8/19/2020 through 8/19/2023  08/20/2020 
Temporary Final Rule  12/18/2020  85 FR 82291   
Temporary Final Rule   06/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Charles Nimick
Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000