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State Department Issues Statement on H-2A Labor and Travel Ban

On Thursday, January 28th, the U.S. Department of State issued a statement regarding H-2A labor as it relates to the recently announced travel bans to limit the risk of spread of new variants of COVID-19. According to the statement, H-2A workers will be able to travel as they are considered persons of national interest in serving essential labor to an essential industry (agriculture).

Earlier this week, the Ag Council sent a letter to the Arkansas congressional delegation seeking their help in gaining this exemption. We also worked closely with other agriculture and commodity interest organizations, workforce placement services, and government representatives, and we are pleased with the determination by the Department of State. We will continue to monitor the situation and provide additional guidance as more specific information regarding travel procedures is provided.

More below:

https://travel.state.gov/content/travel/en/News/visas-news/national-interest-exception-for-certain-h-2-travelers-from-south-africa.html

https://www.agri-pulse.com/articles/15239-south-african-h-2a-workers-get-exemption-from-travel-ban

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/proclamation-on-the-suspension-of-entry-as-immigrants-and-non-immigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease/

Statement by Department of State:

H-2A and H-2B applicants covered by the January 25, 2021, Presidential Proclamation who are necessary to ensure food supply chains, such as seafood processors, fish cutters, salmon roe technicians, farm equipment mechanics, agriculture equipment operators etc., may be considered for a national interest exception to travel. Applicants who are applying for a visa will be considered for an exception at the time of interview. Travelers who already hold valid H-2A or food-supply-chain related H-2B visas and believe they meet the exception criteria should follow the procedures set forth on the Embassy/Consulate website where their visa was processed for consideration for an exception. This exception criteria only applies to those H-2 travelers and applicants who are subject to the January 25, 2021 Proclamation due to physical presence in South Africa.

Additional information on H-2 interview waiver provisions for returning and first-time applicants can be found at https://travel.state.gov/content/travel/en/News/visas-news/important-announcement-on-h2-visas.html

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Also, it has also come to our attention that the U.S. will continue its H-2 visa interview waiver authority extensions. The Secretary has decided to temporarily expanded the ability of consular officers to waive the in-person interview and fingerprint requirement for certain H-2 visa applicants in light of the COVID-19 pandemic. The Secretary has extended those waivers through December 31, 2021.

Travel.state.gov has a lot of FAQs regarding the latest on intl travel and COVID testing. Here is additional information from the Mission South Africa website.