Form M-1097 - Optional Checklist For Form I-129 H-2a Filings Page 4
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41. Evidence that a worker with the required skills is not available either from among U.S. workers or from
among foreign workers from a country on the H-2 Eligible Countries List;
2. Evidence that the requested worker has been admitted to the United States previously in H-2A status;
3. The potential for abuse, fraud, or other harm to the integrity of the H-2A program through the potential
admission of workers from a country not currently on the list; and
4. Other factors that serve the U.S. interest, if any.
NOTE: If you are requesting H-2A workers from both eligible and non-eligible countries, USCIS
recommends that you file two separate petitions - one with eligible country workers and one with the non-
eligible country workers - to avoid possible processing delays.
Duplicate Copy
You must include copies of all communications with USCIS. This includes:
Form I-129 and all supporting documentation at the time of filing.
All documents sent in response to a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or Notice of
Intent to Revoke. USCIS will not make duplicate copies for you.
NOTE: Failure to submit duplicate copies may cause a delay in visa issuance from the Department of State.
Form M-1097 12/23/16 N
Page 4 of 4
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