U.S. Citizenship and Immigration Services (USCIS) issued a sharp warning to foreign nationals who came to the country on work visas but may have broken immigration rules on Friday.
The official USCIS page on X, stated, “aliens who enter the U.S. on an employment visa but fail to report to their designated employer or leave the job without returning to their home country are in violation of immigration laws and will face legal consequences.”
USCIS highlighted the possible legal fallout by pointing to a recent case. A man holding an H-2A visa was meant to be working for an employer in Florida but never showed up. Officials later located him in Fresno, California. The case is now in the hands of U.S. Immigration and Customs Enforcement, and based on ICE’s track record in such situations, deportation is a likely outcome.
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“You are responsible for following the terms of your visa. If you violate them, you can be removed from the U.S.,” the photo card stated attached to the tweet.
The H-2A visa is a temporary work visa that allows U.S. employers to bring in foreign nationals for “seasonal” or short-term agricultural jobs. It’s designed for situations where there aren’t enough local workers to meet the demand, and employers must cover certain costs like housing and transportation. The visa is tied to a specific job and location, so workers have to stick to the terms laid out in their approval. Employers hiring H-2A workers have to submit Form I-129, known as the Petition for a Nonimmigrant Worker, to request approval for the person they want to bring in.
The official website, further mentions that, the petitioner must “show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.” USCIS added, it “may grant H-2A classification for up to the period of time authorized on the temporary labor certification.”
An H-2A visa holder can work in the U.S. for a maximum of three years. After that, they must leave the country and stay outside the United States for at least 60 continuous days before they can apply to return under the H-2A program. As stated, on the official website, “A qualifying absence from the United States for an uninterrupted period of at least 60 days at any time will result in the H-2A worker becoming eligible for a new 3-year maximum period of H-2A stay.”
“To qualify, the petitioner must provide evidence documenting the worker’s relevant absence(s) from the United States, such as, but not limited to, arrival and departure records, copies of tax returns, and records of employment abroad,” it added.
According to the U.S. Department of State’s Bureau of Consular Affairs, H-2A visa approvals have climbed sharply over the past three decades. In 1992, only 6,445 were issued. By 2004, that number had grown to 31,774, and in 2016 it crossed 134,000. The pace picked up further in recent years, reaching 257,898 in 2021 and crossing the 300,000 marks for the first time in 2023, when 310,676 visas were granted.