Employment-Related Notifications to USCIS
For Immigration Inquiry
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No show: The H-2B worker fails to report to work within 5 work days of the latter of:
- The employment start date on the H-2B petition; or
- The start date established by the employer;
Abscondment: The H-2B worker leaves without notice and fails to report for work for a period of 5 consecutive workdays without the consent of the employer;
Termination: The H-2B worker is terminated prior to the completion of the H-2B labor or services for which he or she was hired; or
Early Completion: The H-2B worker finishes the labor or services for which he or she was hired more than 30 days earlier than the date specified in the H-2B petition.
Petitioners must include the following information in the employment-related notification:
- The reason for the notification (for example, explain that the worker was either a “no show,” “absconder,” “termination,” or “early completion");
- The reason for untimely notification and evidence for good cause, if applicable;
- The USCIS receipt number of the approved H-2B petition;
- The petitioner’s information, including:
- Name
- Address
- Phone number
- Employer identification number (EIN)
5.The employer’s information (if different from that of the petitioner):
- Name
- Address
- Phone number
6.The H-2B worker’s information:
- Full Name
- Date of birth
- Place of birth
- Last known physical address and phone number
Additionally, to assist USCIS with identification of the H-2B worker, submit the following for each H-2B worker, if available:
- Social Security Number, and
- Visa Number
Note: According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.
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