December 30, 2008

H-2A Update

H-2A visas are available for alien workers seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States. The Department of Homeland Security (DHS) recently released two notices regarding The H-2A visa program.

DHS announced the following list of designated countries eligible to apply for a visa under the H-2A program: Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Indonesia, Israel, Jamaica, Japan, Mexico, Moldova, New Zealand, Peru, Philippines, Poland, Romania, South Africa, South Korea, Turkey, Ukraine and the United Kingdom.

Additionally, the DHS specified that H-2A petitioners must provide notification to DHS within 2 work days in the following instances:

• When an H-2A worker fails to report to work within 5 work days of the employment start date on the H-2A petition or within 5 work days of the start date established by the petitioner, whichever is later;
• When the agricultural labor or services for which H-2A workers were hired is completed more than 30 days early; or
• When the H-2A worker absconds from the worksite or is terminated prior to the completion of agricultural labor or services for which he or she was hired.

In the event that a petitioner fails to comply with the requirements listed above, DHS will calculate the liability for liquidated damages to the H-2A petitioner and inform the petitioner that it will receive a demand letter for payment directly from U.S. Customs and Border Protection.