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DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply

The Department of Homeland Security, with the support of the U.S. Department of Agriculture (USDA), has announced a temporary final rule to change certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency. These temporary flexibilities will not weaken or eliminate protections for U.S. workers.

DHS to Improve Integrity of Visa Program for Foreign Workers

The Department of Homeland Security announced that it will take necessary anti-fraud and abuse measures to protect the integrity of the H-2B visa program and also make available 35,000 supplemental H-2B temporary nonagricultural worker visas for the second half of fiscal year (FY) 2020. The allocation also comes with new conditions to protect American workers, provide relief to seasonal employers who truly need it, and reduce fraud and abuse in the program.

Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse Agency Creates Avenue for American Workers to Report Abuse

U.S. Citizenship and Immigration Services today announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing and deserving to work in these fields have been ignored or unfairly disadvantaged. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS.

Department of Homeland Security and Department of State Announce Changes to Entry Requirements for Caribbean Residents Traveling to U.S. as Agricultural Workers

The Department of Homeland Security and the Department of State published rules in the Federal Register on February 4, 2016 eliminating the nonimmigrant visa exemption for certain Caribbean residents coming to the United States as H-2A agricultural workers. Beginning February19, certain Caribbean residents seeking to come to the United States as H-2A agricultural workers will be required to have both a valid passport and visa.

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