USCIS Teleconference for H-2A Petitioners
Teleconference with H-2A Petitioners
Talking Points and Executive Summary
On July 27, 2010, USCIS hosted a teleconference for H-2A petitioners to provide an explanation of the regulatory bar on the passing of recruitment and employment-related costs imposed as a condition of employment to H-2A workers. While the conference call focused on prohibited fees with respect to the H-2A nonimmigrant agricultural worker classification, similar principles and rules apply to the H-2B nonimmigrant, nonagricultural worker classification.
By regulation, USCIS has the authority to deny or revoke a petition when an H-2A worker pays, directly or indirectly, fees that are conditions of obtaining an offer of H-2A employment. See 8 CFR § 214.2(h)(5)(xi). It is important to note that this rule is not new and that the requirements under this rule have not changed; this rule was published in the Federal Register on December 18, 2008 after notice-and-comment rulemaking, and the rule went into effect on January 17, 2009.
The H-2A regulations specify what fees are prohibited.
If the fees do not fall under the limited exceptions allowed, USCIS then determines whether the fees are conditions of employment.
As the upcoming fall harvest season approaches, USCIS anticipates the possibility of issuing Requests for Evidence (RFEs) to certain petitioners.
Last Reviewed/Updated: 08/02/2010