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Food & Agriculture

Food & Agriculture

Essential Growth: A Brief Look into the H-2A Visa Program that Will Carry U.S. Agriculture Through the Pandemic

   Jessica Griswold | Vermont Law School, JD Candidate

August 27, 2020

On August 20, 2020, the U.S. Department of Homeland Security (DHS) issued a temporary final Rule, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities (the “August 20 TFR”), announcing a further extension of H-2A guest-worker visas.[1]

The DHS first issued Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency (the “April 20 TFR”), which initially allowed temporary H-2A workers to extend their employment in response to COVID-19 disruptions to the U.S. food and agriculture sector during the summer growing season.[2] As the “continued disruptions and uncertainty” of the pandemic bleed into the fall agricultural season, the DHS has exercised its authority—under section 102 of the Homeland Security Act of 2002 (HSA) and section 103(a) of the Immigration and Nationality Act (INA)—to amend the April 20 TFR as a matter of national security.[3]

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