Form I-129 - Petition For A Nonimmigrant Worker - Department Of Homeland Security Page 11
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26Section 2. Complete this section if filing for H-2A or H-2B classification (Continued)
If the workers paid a fee, have they been reimbursed for such fees or compensation, or if the
Yes
No
workers had an agreement to pay a fee that has not been paid, has that agreement been
terminated before being paid by the workers?
(Attach evidence of termination or reimbursement to this petition.)
9. Have you ever had an H-2A/H-2B petition denied or revoked because an employee paid a job
Yes
No
placement fee or other similar compensation as a condition of the job offer?
If "Yes,"
When?
Receipt Number:
Was the worker(s) reimbursed for such fees or compensation?
Yes
No
(Attach evidence of reimbursement.)
If you answered "No" because of failure to locate the worker, attach evidence of the efforts to
locate the worker.
10. If you are an H-2A petitioner, are you a participant in the E-Verify program?
Yes
No
If "Yes," E-Verify Company ID or Client Company ID:
The H-2A/H-2B petitioner and each employer consent to allow government access to the site where the labor is being performed for
the purpose of determining compliance with H-2A/H-2B requirements. The petitioner further agrees to notify DHS beginning on a
date and in a manner specified in a notice published in the Federal Register within 2 workdays if: an H-2A/H-2B worker fails to report
for work within 5 workdays after the employment start date stated on the petition or, applicable to H-2A petitioners only, within 5
workdays of the start date established by the petitioner, whichever is later; the agricultural labor or services for which H-2A/H-2B
workers were hired is completed more than 30 days early; or the H-2A/H-2B worker absconds from the worksite or is terminated prior
to the completion of agricultural labor or services for which he or she was hired. The petitioner agrees to retain evidence of such
notification and make it available for inspection by DHS officers for a one-year period. "Workday" means the period between the time
on any particular day when such employee commences his or her principal activity and the time on that day at which he or she ceases
such principle activity or activities.
For H-2A petitioners only: The petitioner agrees to pay $10 in liquidated damages for each instance where it cannot demonstrate it is
in compliance with the notification requirement.
The petitioner must execute Part A. If the petitioner is the employer's agent, the employer must execute Part B. If there are joint
employers, they must each execute Part C.
Part A. Petitioner:
By filing this petition, I agree to the conditions of H-2A/H-2B employment and agree to the notification requirements. For H-2A
petitioners: I also agree to the liquidated damages requirements defined in 8 CFR 214.2(h)(5)(vi)(B)(3).
Petitioner's Signature
Print or Type Name
Date (mm/dd/yyyy)
Form I-129 Supplement H (Rev. 06/12/09)Y Page 11
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