NO LIMITS, NO EXCUSES: Tips and Tricks for Certification in 2020

Update: On Dec. 18, DHS published a new temporary final rule extending the Aug. 20 temporary final rule. In the new rule, DHS extended the provision that temporarily allows all H-2A petitioners with a valid temporary labor certification (TLC) to start employing certain foreign workers who are currently in the United States and in valid H-2A status. DHS also extended the provision that allows H-2A workers to change employers and begin work before USCIS approves the new H-2A petition. DHS will apply this temporary final rule to H-2A petitions requesting an extension of stay, if they were received on or after Dec. 18, 2020, through June 16, 2021. Additional information is available under the H-2A Requirements During COVID-19 Public Health Emergency section on the USCIS Response to COVID-19 page

Under the Dec. 18 temporary final rule, all H-2A petitioners with a valid temporary labor certification (TLC) can employ certain foreign workers who are currently in the United States and in valid H-2A status immediately after USCIS receives the H-2A petition, but no earlier than the start date of employment listed on the petition. In addition, the Dec. 18 temporary final rule extends the ability of eligible H-2A workers to change employers and begin work before USCIS approves the new H-2A petition. DHS will apply this temporary final rule to H-2A petitions requesting an extension of stay, if they were received on or after Dec, 18, 2020 through June 16, 2021.

NO LIMITS, NO EXCUSES: COMMIT TO CERTIFICATION IN 2020

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