USDA and the Department of Homeland Security (DHS) will allow more flexibility for employing H-2A workers already authorized to work other jobs in the U.S. and allowing those workers to stay beyond the period allowed under current rules via a temporary final rule the agencies released Wednesday.
The decision means companies seeking H-2A workers can start employing certain foreign workers who are currently in H-2A status in the U.S. immediately after United States Citizenship and Immigration Services (USCIS) receives the H-2A petition.
But those workers cannot be employed “earlier than the start date of employment listed on the petition” and must already be in the U.S. with a valid H-2A status, the departments added.
Those already in the U.S. will be allowed to stay beyond the three-year maximum allowable period under the new rule.
The rule will become effective when published in the Federal Register.
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