The petitioner of H-2A workers need to notify the USCIS if any of the following scenarios occur within two days from the day of occurrence –
- The H-2A worker fails to report at work within five working days of (latter of) Employment start date as per the H-2A petition or Start date as decided by the employer.
- The worker leaves without prior notification and is absent for five consecutive workdays.
- Either the work (for which they were hired) or the worker is terminated before completing the H-2A labor or services.
- The service or labor the worker was hired for is completed 30 days before the date specified in the H-2A petition.
There is information like the reason for the notification, name, address, phone number of the H-2A worker, and certain other matters that are to be included in the notification to be sent to USCIS. Failure to send the information on time or failing to demonstrate good cause for untimely notification can result in liquidation damages of $10 for each such instance of non-compliance.You can reach out to our immigration lawyers to know more about the information you, as a petitioner, must include in the notification you need to send to the USCIS for timely filing.
USCIS provides expedited processing of Form I-129 for H-2A petitions. If your petition has been pending for more than 15 days and you have either not received the decision or requested more evidence, you may reach out to USCIS to know about your petition status. Considering the complexities attached in the H-2A status, it is advisable to reach an experienced immigration lawyer to avoid missing timelines mentioned in the law.
At the Law Offices of Prashanthi Reddy, PLLC, New York, we possess years of experience in representing U.S. employers or U.S. agents to
bring nonimmigrant foreign nationals to the United States to perform agricultural jobs for them.
Our immigration lawyers can help you in the timely filing of the H-2A application and ensure that all the requirements in the law have been fulfilled. Reach out to the Law Offices of Prashanthi Reddy, PLLC, at firstname.lastname@example.org or call us at 212-354-1010.