According to Rubin, Harvey is eligible because he has pitched less than two years in the big leagues and has missed time due to injury.
Earlier this week, Sandy Alderson said it was possible Harvey could pitch in the Arizona Fall League in an effort to test his injured right elbow.
In late August, Harvey was diagnosed with a partially torn Ulnar Collateral Ligament in his right elbow, and was placed on the 15-day disabled list. He was transferred to the 60-day disabled list earlier this week to make room for Cesar Puello, who was activated from the restricted list.
Read more: ESPN New York