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.
