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Source: ANDREW JACKSON LAW, PLLC, 4/15/20
Today DHS announced a temporary rule to allow H-2A workers who
are already in the US to switch employers before getting final approval from
USCIS. In the past, H-2A workers transferring from one employer to
another had to wait for USCIS to approve the petition before starting work for
the new employer. Typically there have been long delays getting USCIS
approval of transfer petitions, and workers would sit idle for a few weeks
between employers. The temporary rule fixes this problem. Under the
temporary rule, H-2A transfer workers may begin working for the new
employer automatically as soon as USCIS receives the petition. In
addition, the temporary rule relaxes the 3-year time limitation on H-2A
workers. This should alleviate much of the processing time for transfer
visa petitions. If you intend to transfer H-2A workers from another employer, be
sure to document that the workers have been given a copy of your work contract
before the visa petition is sent to USCIS. The approved job order (Form ETA 790/790A) and H-2A labor certification (Form
ETA 9142A) together constitute the entire work contract between the new
employer and the H-2A workers. You will need to obtain and submit legible
copies of each transfer worker's passport, all visa pages, current I-94
arrival/departure card, and most recent 2-weeks wage statements at the old H-2A
employer.
In addition, each transfer worker will need to complete an
Attachment-1 concerning Public Benefits which is attached to this
email. The worker need only to report
public benefits received on or after 10/15/2019. The worker is not
required to report benefits received before 10/15/2019. Even under the temporary rule, the transfer process is document
intensive and takes significant coordination between the old and new employers,
and the worker. Please contact my office if you have any questions about
this or any other H-2A employer obligation. Regards, -- Andrew M. Jackson, Attorney Andrew Jackson Law P.C. Physical: 407 College St Clinton, NC 28328 US mail: PO Box 27 Clinton, NC 28329-0027 Ofc 910-592-4121 Direct 910-214-6010 Fax 910-590-1012
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