Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm - United States
May 13, 2020

H-2B Nonimmigrants in the Country with Valid Status Are Allowed to Extend Their Stay Beyond Three Years During Pandemic

Amy Jill Novak

The Department of Homeland Security (DHS) has issued an advance copy of a temporary final rule to be published and effective today, May 13, 2020. This rule is similar to a recently issued H-2A rule, posted and effective on April 20, 2020. The H-2B rule is effective through September 11, 2020.

DHS is temporarily removing certain limitations on employers or U.S. agents seeking to hire certain H-2B workers already in the United States to provide temporary labor or services essential to the U.S. food supply chain, and for certain H-2B workers, who are essential to the U.S. food supply chain, seeking to extend their stay.

The rule applies to those involved in the  processing, manufacturing, and packaging of human and animal food; transporting human and animal food from farms, or manufacturing or processing plants, to distributors and end sellers; and the selling of human and animal food through a variety of sellers or retail establishments, including restaurants. 

Specifically, the rule allows H-2B nonimmigrants in the country, in valid status, on or after March 1, 2020 to extend their stay beyond the normal three years.  As well as to begin work upon filing with USCIS, instead of upon approval by USCIS.

Should you have any questions if ​or how this affects your ​status, please do not hesitate to ​contact our office.

Related Team

Recent Blogs

Jan 15, 2021

Trump Tries Again to Raise Prevailing Wages, Success not Expected

In the last full week of the Trump administration, the DOL has once more issued a prevailing wage rule that lifts wages for H-1B, E-3, and H-1B1 nonimmigrant cases and for the PERM labor certification program. The new final rule, which was published on January 14, and goes into effect sixty days later, contains significant prevailing wage increases for all wage levels, though the new minimums are not as high as initially sought by DOL. The rule also provides a multi-year transition period which is intended to give employers time to meet the wage increases and makes certain accommodations for H-1B workers who are pursuing employment-based permanent residence. Initial wage increases are set to begin on July 1, 2021.

Jan 08, 2021

Final Rule Signals Major Change in H-1B Selection Process

In November 2020, we reported on the Trump administration’s Notice of Proposed Rule Making, announcing a major change in the process for filing cap subject H-1B petitions. The new proposed selection process prioritizes registrations based on wage level, thus giving priority to those registrations by employers who are paying the highest prevailing wages. Following the mandatory notice and comment period, the government has announced that the final rule will go into effect, without modification, on Friday, January 8, 2021.

Jan 04, 2021

H-1B, L-1 Restrictions Extended through March 31, 2021

Late on December 31, 2020, President Trump issued a proclamation continuing Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the United States as a result of the COVID-19 pandemic. The proclamations have been continued until March 31, 2021. Learn more in this blog.