Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Essential to the U.S. Food Supply Chain

As of the effective date of the H-2B COVID-19 rule, employers who submitted or are submitting Form I-129, Petition for a Nonimmigrant Worker, to request an extension of stay with a change of employer and/or an H-2B extension of stay beyond the 3 year maximum pursuant to 8 CFR 214.2(h)(23), will be able to submit Form ATT-H2B to affirm that the workers named in the petition will be performing work that is essential to the U.S. food supply chain as required by 8 CFR 214.2(h)(23)(i). Receipt of the form by USCIS triggers the flexibilities under the rule because the H-2B worker will perform services or labor essential to the U.S. food supply chain.

The latest form for Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Essential to the U.S. Food Supply Chain expires 2021-01-31 and can be found here.