By filing an H-2B petition, the employer agrees to notify DHS within 2 working days if an H-2B worker:
1. Fails to report to work within 5 working days after the employment start date stated on the petition;
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 by not reporting for work for a period of 5 consecutive working days without the consent of the employer; or
4. Is terminated prior to the completion of the services or labor.
The petitioner also agrees to retain evidence of such notification and make it available for inspection by DHS officers for a one-year period beginning on the date of the notification.
Failure to comply with this agreement may result in penalties
Liability for Return Transportation
The Immigration and Nationality Act makes a petitioner liable for the reasonable cost of return transportation for an H-2B beneficiary who is dismissed before the end of the period of authorized admission.