Aug 3 2011

USCIS Publishes Reminder to H-2A and H-2B Petitioners

USCIS has published a reminder to petitioners of H-2A and H-2B workers at the beginning of the traditional harvesting season. In the publication, USCIS clarifies the process by which petitioners should submit petition requests. Because delays in adjudicating H-2A and H-2B petitions can lead to deleterious situations for companies working in time-sensitive jobs, USCIS urges petitioners to submit sufficient information regarding their recruitment efforts and the types of fees collected from proposed H-2A and H-2B workers. In addition, USCIS urges petitioners to refer to the Department of Labor’s guidelines on employers’ obligations to avoid placing costs of these visas to H-2A workers.

To ensure reasonable times for the processing of Form I-129, the Petition for a Nonimmigrant Worker, USCIS reminds petitioners that they must properly complete the form and answer questions 7-9 of Section 3 of the H Classification Supplement to the form. These questions relate to recruitment efforts and any job placement fees related to the position.