H-2A Program

DHS Final Rule Eliminating Nonimmigrant Visa Exemption for Certain Caribbean Residents Using H-2A Program

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DHS issued a final rule, adopting an interim final rule published in the Federal Register on 2/8/16 as final, that eliminated the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the U.S. as H-2A agricultural workers and the spouses or children who accompany or follow these workers. DOS revised its regulations in a parallel interim final rule and issued a parallel final rule to adopt all interim changes as final. Rule is effective on 8/6/18. (83 FR 31447, 7/6/18)

SUMMARY: This finalizes interim amendments to the Department of Homeland Security’s (DHS) regulations, published in the Federal Register on February 8, 2016, that eliminated the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the United States as H–2A agricultural workers and the spouses or children who accompany or follow these workers to the United States. As a result of the interim final rule, these nonimmigrants are required to have both a valid passport and visa. The Department of State (DOS) revised its regulations in a parallel interim final rule and is issuing a parallel final rule to adopt all interim changes as final.

DATES: This rule is effective on August 6, 2018.

 

Source: AILA Doc. No. 18070600.