DHS to temporarily amend H-2A requirements for foreign agricultural workers

The U.S. Department of Homeland Security is seeking to temporarily amend H-2A requirements to help U.S. agricultural employers during the coronavirus emergency.

The H-2A program allows U.S. employers to bring foreign nationals to the country to fill temporary agricultural jobs.

The rule change, done in conjunction with the U.S. Department of Agriculture (USDA), would allow companies to hire foreign workers already in the U.S. who are currently have valid H-2A status. This is to help agricultural employers concerned that workers will be unable to enter the country due to travel restrictions related to COVID-19.

Also, the United States Citizenship and Immigration Services (USCIS) is temporarily amending its regulations to allow H-2A workers to stay in the U.S. beyond the three-year maximum.

“This Administration has determined that continued agricultural employment, currently threatened by the COVID-19 pandemic, is vital to maintaining and securing the country’s critical food supply chain. The temporary changes announced by USCIS provide the needed stability during this unprecedented crisis,” Acting Secretary of Homeland Security Chad Wolf said.

The temporary rule is effective immediately upon publication in the Federal Register.

“USDA welcomes these additional flexibilities provided by the Department of Homeland Security today,” Secretary of Agriculture Sonny Perdue said. “Providing flexibility for H-2A employers to utilize H-2A workers that are currently in the United States is critically important as we continue to see travel and border restrictions as a result of COVID-19. USDA continues to work with the Department of Homeland Security, the Department of Labor, and the Department of State to minimize disruption and make sure farmers have access to these critical workers necessary to maintain the integrity in our food supply.”