Immigration Solutions

Notification Requirements for H-2B

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.