‘If you leave the job…’: USCIS on what happens when you are on employment visa but don’t report to employer

USCIS issued a reminder on what happens when a person on employment visa does not report to the employers.

The US Citizenship and Immigration Services issued a reminder that failing to report to the designated employer who brought you to the country on an employment visa is a breach of immigration laws and there are legal consequences. “Aliens who enter the U.S. on an employment visa but fail to report to their designated employer or leave the job without returning to their home country are in violation of immigration laws and will face legal consequences,” the USCIS said in a post. The reminder was in reference to an individual whose name and other details were not revealed but USCIS said that the person came to the US on an H2A visa and was supposed to be working in Florida, but did not report to his employer and was found in Fresno, a city in California. The USCIS said ICE is taking care of the issue now.

What is H-2A visa?

H-2A visa program allows US employers to bring foreign nationals to fill temporary agricultural jobs. Generally, USCIS may grant H-2A classification for up to the period of time authorized on the temporary labor certification. H-2A classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2A classification is 3 years, USCIS rules said.A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of at least 60 days before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time, the rules said. An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.

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