Inspector's Field Manual - Gani

Inspector's Field Manual
Qualifications: Alien must be qualified for and coming to be employed in a specialty occupation as defined in
section 214(i)(1) of the Act, be a fashion model, or be employed in a Department of Defense cooperative research
and development project. All nonimmigrant grounds of inadmissibility apply.
Terms of admission: Admit H-1B for validity of petition plus a maximum of 10 days prior to the validity date
of the petition and up to 10 days after the expiration date [8 CFR 214.2(h)(13).].
Notations on I-94: Front: H-1B, (date to which admitted). Reverse: petition number and occupation from the list
in Appendix 31-1 of the Adjudicator's Field Manual.
Special notes:
(A) Foreign residence requirement. H-1B does not have to establish he or she has a foreign residence.
(B) Petitions. The approved petition is forwarded by the service center to the visa issuing post or, when
no visa is required, to the proposed first port-of-entry of the beneficiary. Petition approval may also be sent via
facsimile or cable. Information on petition approval may be verified by checking the CLAIMS database.
Petitions may be valid initially for up to 3 years (DOD projects, 5 years), and may be extended for up to 6 years
(DOD projects, 10 years).
(C) Dependents. Dependents are admitted as H-4. Dependents may not work but may attend school
without changing status.
(3) Classification: H-2A. Temporary agricultural workers.
Documents required: Passport valid for 6 months beyond admission date, unless exempt. Nonimmigrant visa
(H-2A), unless exempt. Approved I-129 petition. May present Form I-797, Notice of Action, or the visa may be
noted with approval information by the consular officer.
Qualifications: Coming temporarily to perform temporary services for which workers are not available in the
United States. All nonimmigrant grounds of inadmissibility apply.
Terms of admission: Admit H-2A for validity of petition plus 10 days prior to validity date and up to 10 days
after the expiration date [See 8 CFR 214.2(h)(13).].
Notations on I-94: Front: H-2A, (date to which admitted). Reverse: Petition number and occupation
"agricultural."
Special notes:
(A) Dual temporary issue. Unlike H-1 nonimmigrants, who do not have to show a foreign residence
and who may be coming temporarily to fill positions which are permanent by nature, the H-2 must have a
foreign residence and must be coming only to fill a position which is itself temporary or seasonal [See
definitions in 8 CFR 214.2(h)(2).].
(B) Petitions. The approved petition is forwarded by the service center to the visa issuing post or, when
no visa is required, to the proposed first port of entry of the beneficiary. Petition approval may also be sent via
facsimile or cable. Information on petition approval may be verified by checking the CLAIMS database.
Petitions may be valid for up to 3 years. Petition and visa validity generally coincide.
(C) Multiple beneficiaries. H-2A petitions may be issued for multiple unnamed beneficiaries working
in the same occupation. Because of the need to control the number of entries on multiple beneficiary petitions,
local ports-of-entry should have specific procedures in place.
(D) Liquidated damages. Employers are frequently required to enter into a liquidated damages
agreement to insure maintenance of status and departure of agricultural workers. Arrival and departure of
agricultural workers must be closely monitored for accuracy to insure compliance with and enforcement of these
agreements.