Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 14 of 29) in pdf

Prohibited Fees

As a condition of approval of an H-2A or H-2B petition, no job placement fee or other compensation (either direct or

indirect) may be collected at any time from a beneficiary of an H-2A or H-2B petition. This includes collection by a

petitioner, agent, facilitator, recruiter, or similar employment service, as a condition of employment, whether before or

after the filing or approval of a petition. Unless the payment of such fees by a worker is prohibited under law, the only

exceptions to this are:

1. The lower of the actual cost or fair market value of transportation to the offered employment; and

2. Any government-mandated passport, visa, or inspection fees.

If USCIS determines any of the following have occurred, the petition will be denied or revoked. The only exceptions to a

mandatory denial or revocation are found at 8 CFR 214.2(h)(5)(xi)(A)(4) and 8 CFR 214.2(h)(6)(i)(B)(4):

1. You collected, or entered into an agreement to collect, prohibited fees as described above;

2. You knew, or should have known, at the time of filing the petition that the beneficiary paid, or agreed to pay, any

agent, facilitator, recruiter, or similar employment service as a condition of employment;

3. The beneficiary paid you prohibited fees or compensation as a condition of employment after the petition was filed; or

4. You knew, or had reason to know, that the beneficiary paid, or agreed to pay, the agent, facilitator, recruiter, or similar

employment service prohibited fees after the petition was filed.

The petition should be filed with evidence that indicates the beneficiaries have not paid, and will not pay, prohibited fees

to the best of your knowledge.

Interrupted Stays

Interrupted stays are certain periods of time that a worker spends outside the United States during an authorized period

of stay in H-2A or H-2B status. An interrupted stay does not count toward the worker’s maximum 3-year limit in the

classification.

An H-2A or H-2B worker may qualify for an interrupted stay under the following conditions:

If the worker was in the United States in H-2 status

Then H-2 time is interrupted if he or she is outside

for an aggregate period of:

the United States for:

18 months or less

At least 45 days, but less than 3 months

More than 18 months, but less than 3 years

At least 2 months

Time in H-2A or H-2B status is not automatically interrupted if the worker departs the United States. It is considered

interrupted only if the guidelines in the above chart are met. For more on interrupted stays, see

Notification Requirements

By filing an H-2A or H-2B petition, you agree to notify USCIS within 2 work days if an H-2A or H-2B worker:

1. Fails to report to work within 5 workdays after the employment start date stated on the petition or within 5 workdays

after the start date as established by the H-2A employer, whichever is later;

2. Completes the labor or services more than 30 days earlier than the employment end date stated on the petition;

3. Absconds from the worksite; or

4. Is terminated prior to the completion of the services or labor.

Failure to comply with this agreement may result in penalties. See

for more information.

Filing Multiple Petitions

You generally may file one petition to request all of your H-2A or H-2B workers associated with one temporary labor

certification. In cases where filing a separate petition is not required, it may be advantageous to file more than one H-2A

or H-2B petition instead. This can occur when you petition for multiple workers, some of whom may not qualify for part

or all of the validity period you request. This most frequently occurs when:

Form I-129 Instructions 01/17/17 N

Page 14 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 14

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