{"abstract":"The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2021 authority and increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of no more than 22,000 additional visas through the end of the second half of FY 2021 to those businesses likely to suffer irreparable harm, as attested by the employer on a new attestation form. In addition to making additional visas available under the FY 2021 time-limited authority, DHS is exercising its general H-2B regulatory authority to temporarily provide portability flexibility by allowing H-2B workers who are already in the United States to begin work immediately after an H-2B petition (supported by a valid temporary labor certification) is received by USCIS, and before it is approved.","action":"Temporary rule.","agencies":[{"raw_name":"DEPARTMENT OF HOMELAND SECURITY","name":"Homeland Security Department","id":227,"url":"https://www.federalregister.gov/agencies/homeland-security-department","json_url":"https://www.federalregister.gov/api/v1/agencies/227","parent_id":null,"slug":"homeland-security-department"},{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Employment and Training Administration","name":"Employment and Training Administration","id":133,"url":"https://www.federalregister.gov/agencies/employment-and-training-administration","json_url":"https://www.federalregister.gov/api/v1/agencies/133","parent_id":271,"slug":"employment-and-training-administration"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2021/05/25/2021-11048.html","cfr_references":[{"chapter":null,"citation_url":null,"part":214,"title":8},{"chapter":null,"citation_url":null,"part":274,"title":8},{"chapter":null,"citation_url":null,"part":655,"title":20}],"citation":"86 FR 28198","comment_url":null,"comments_close_on":null,"correction_of":null,"corrections":[],"dates":"The amendments to title 8 of the Code of Federal Regulations in this rule are effective from May 25, 2021 through May 28, 2024, although DHS will not approve any H-2B petition under the provisions related to the supplemental numerical allocation after September 30, 2021, and the provisions related to portability are only available to petitioners and H-2B nonimmigrant workers initiating employment through the end of November 22, 2021. The amendments to title 20 of the Code of Federal Regulations in this rule are effective from May 25, 2021 through September 30, 2021, except for 20 CFR 655.68 which is effective from May 25, 2021 through September 30, 2024.","disposition_notes":null,"docket_ids":["CIS No. 2689-21","DOL Docket No. ETA-2021-0005"],"dockets":[],"document_number":"2021-11048","effective_on":"2021-05-25","end_page":28234,"executive_order_notes":null,"executive_order_number":null,"explanation":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2021/05/25/2021-11048.xml","html_url":"https://www.federalregister.gov/documents/2021/05/25/2021-11048/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2021-numerical-limitation-for-the","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/2021-11048?publication_date=2021-05-25","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2021-05-25/2021-11048/mods.xml","not_received_for_publication":null,"page_length":37,"page_views":{"count":19839,"last_updated":"2026-04-22 22:15:03 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2021-05-25/pdf/2021-11048.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2021-11048.pdf?1621610120","publication_date":"2021-05-25","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2021/05/25/2021-11048.txt","regulation_id_number_info":{"1615-AC72":null,"1205-AC07":{"issue":"202104","html_url":"https://www.federalregister.gov/regulations/1205-AC07/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2021-h-2b-numerical-limitation-and-te","title":"Exercise of Time-Limited Authority to Increase the Fiscal Year 2021 H-2B Numerical Limitation and Temporary Flexibilities for H-2B Employers and Workers Related to the COVID-19 Pandemic","xml_url":"http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1205-AC07&operation=OPERATION_EXPORT_XML","priority_category":"Other Significant"}},"regulation_id_numbers":["1205-AC07","1615-AC72"],"regulations_dot_gov_info":{"supporting_documents":[],"regulatory_plan":{"html_url":"https://www.federalregister.gov/regulations/1205-AC07/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2021-h-2b-numerical-limitation-and-te","title":"Exercise of Time-Limited Authority to Increase the Fiscal Year 2021 H-2B Numerical Limitation and Temporary Flexibilities for H-2B Employers and Workers Related to the COVID-19 Pandemic"},"comments_count":23,"agency_id":"ETA","comments_url":"https://www.regulations.gov/docketBrowser?rpp=50&so=DESC&sb=postedDate&po=0&dct=PS&D=ETA-2021-0005","supporting_documents_count":0,"docket_id":"ETA-2021-0005","document_id":"ETA-2021-0005-0001","regulation_id_number":"1205-AC07","title":"Exercise of Time-Limited Authority to Increase the Fiscal Year 2021 H-2B Numerical Limitation and Temporary Flexibilities for H-2B Employers and Workers Related to the COVID-19 Pandemic","checked_regulationsdotgov_at":"2021-08-10T03:30:09Z"},"regulations_dot_gov_url":null,"significant":true,"signing_date":null,"start_page":28198,"subtype":null,"title":"Exercise of Time-Limited Authority To Increase the Fiscal Year 2021 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change Employers","toc_doc":"Exercise of Time-Limited Authority to Increase the Fiscal Year 2021 Numerical Limitation for the H2B Temporary Nonagricultural Worker Program and Portability Flexibility for H2B Workers Seeking to Change Employers","toc_subject":null,"topics":["Administrative practice and procedure","Aliens","Cultural exchange programs","Employment","Foreign officials","Forests and forest products","Fraud","Health professions","Immigration","Labor","Passports and visas","Penalties","Reporting and recordkeeping requirements","Students","Wages"],"type":"Rule","volume":86}