{"id":2413,"date":"2020-05-15T17:07:00","date_gmt":"2020-05-15T21:07:00","guid":{"rendered":"https:\/\/yourrights.com\/?p=2413"},"modified":"2020-06-24T17:08:13","modified_gmt":"2020-06-24T21:08:13","slug":"how-is-the-department-of-homeland-security-helping-to-increase-food-security-and-stabilize-the-u-s","status":"publish","type":"post","link":"https:\/\/yourrights.com\/how-is-the-department-of-homeland-security-helping-to-increase-food-security-and-stabilize-the-u-s\/","title":{"rendered":"How is the Department of Homeland Security Helping to Increase Food Security and Stabilize the U.S."},"content":{"rendered":"\n
How is the Department of Homeland Security Helping to Increase Food Security and Stabilize the U.S. Supply Chain During Covid-19?<\/p>\n\n\n\n
USCIS has taken temporary measures to change certain H-2B requirements in order to maintain essential infrastructure operations and reduce the impact from the Covid-19 public health emergency.<\/p>\n\n\n\n
These temporary measures apply solely to aliens already here in the United States with a valid H-2B nonimmigrant status. The temporary final rule does not increase H-2B visas above the congressionally mandated 66,000 visa cap through the remainder of fiscal year 2020.<\/p>\n\n\n\n
There are two flexibilities in the temporary final rule: First, the rule allows an H-2B employer to employ an H-2B nonimmigrant physically present in the United States while the H-2B petition on behalf of that nonimmigrant is still pending before USCIS. Second, the rule allows H-2B workers essential to the U.S. food supply chain to stay beyond the three-year maximum allowable period of stay in the United States. This flexibility applies to petitions filed by the H-2B nonimmigrant\u2019s current employer, as well as petitions filed by a potential new employer. It is not acceptable for employers to hire illegal aliens.<\/p>\n\n\n\n
A petitioner seeking the flexibilities under this temporary final rule will be required to submit an attestation, swearing under penalty of perjury, that the H-2B worker will be performing temporary nonagricultural services or labor or that is essential to the U.S. food supply chain.<\/p>\n\n\n\n
The temporary final rule is effective immediately upon publication in the Federal Register.<\/p>\n\n\n\n
DHS previously announced similar protections for American agricultural employers in order to secure the nation\u2019s food supply chain. The H-2B nonimmigrant classification applies to alien workers seeking to perform nonagricultural services or labor of a temporary nature in the United States, usually lasting no longer than one year, for which able, willing and qualified U.S. workers are not available.<\/p>\n\n\n\n
For more information, please contact our office for a free telephone consultation (15 minute) at 248-557-3645.<\/p>\n\n\n\n
Sevahn Merian<\/strong><\/p>\n\n\n\n
Associate Attorney, Immigration Law Department<\/p>\n\n\n\n
The Law Offices of Joumana Kayrouz, PLLC<\/p>\n\n\n\n