Department of Homeland Security issues rule on H-2A visa stay extensions
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Monday, May 4, 2020

Department of Homeland Security issues rule on H-2A visa stay extensions

By Payroll and Entitlements Editorial Staff

On April 20, the Department of Homeland Security published a temporary final rule to amend certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment during the coronavirus (COVID-19) public health emergency. The temporary final rule expires on August 18, 2020.

The temporary final rule allows non-E-Verify employers that have properly filed H-2A extension of stay petitions between certain dates for workers who are currently in H-2A status but working for a different employer to begin employing such H-2A workers on or after the date that USCIS receives the extension of stay petition (as stated on the Form I-797 receipt notice) but no earlier than the start date of employment listed on the H-2A petition. (Department of Homeland Security Communication, April 30, 2020; 85 FR 21,739, April 20, 2020).

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