Apr 22, 2022

DHS H-2A vaccine requirement extended

In January, the U.S. Department of Homeland Security implemented a rule requiring essential and non-essential non-citizen travelers entering the U.S. to show proof of COVID-19 vaccination. The regulation was set to expire this week, but on April 21, DHS announced it will extend the requirements.

• Deep dive: This regulation put into motion a requirement for H-2A workers to show proof of vaccination. In recent months, H-2A employers have faced increasing challenges to identify and ensure workers were vaccinated with those authorized for emergency use or approved by the U.S. Food and Drug Administration or listed for emergency use by the World Health Organization.

This means… Non-U.S. travelers entering the U.S. via land ports of entry and ferry terminals, whether for essential or non-essential reasons, must continue to:

• Verbally attest to their COVID-19 vaccination status;
• Provide, upon request, proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC website;
• Present a valid Western Hemisphere Travel Initiative (WHTI)-compliant document, such as a valid passport, Trusted Traveler Program card, or Enhanced Tribal Card; and,
• Be prepared to present any other relevant documents requested by a U.S. Customs and Border Protection (CBP) officer during a border inspection.

Florida Fruit and Vegetable Association (FFVA)has been working with stakeholders and policymakers to inform key decision makers of the issues that growers and H-2A employers are facing.

While the extension of this regulation appears indefinite, FFVA will continue to monitor and engage on this issue as warranted. If members have questions, contact Director of Labor Relations Jamie Fussell.

– Florida Fruit & Vegetable Association