Form I-129N H-2 Employment Related Notification

H-2 Petitioner's Employment Related Notification
USCIS Form I-129N
OMB Control Number 1615-0107
H-2A Employment-Related Notifications to USCIS
Petitioners of H-2A workers must notify USCIS within 2 workdays if any of the following occur:
•

Worker Never Reported for Work: The H-2A worker does not report for work within
5 workdays of the latter of:
o

The employment start date on the H-2A petition; or

o

The start date established by the employer;

•

Worker Stopped Reporting for Work: The H-2A worker leaves without notice and
does not report for work for 5 consecutive workdays without the consent of the
employer;

•

Termination: The H-2A worker is terminated before completing the H-2A labor or
services for which he or she was hired; or

•

Early Completion: The H-2A worker finishes the labor or services for which he or she
was hired more than 30 days earlier than the end date specified in the H-2A petition.

Note: USCIS defers to DOL’s definition of “workday.” 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.”
Failure to Notify USCIS: A petitioner who fails to comply with these employment notification
requirements, or fails to demonstrate good cause for untimely notification, may be required to
pay $10 in liquidated damages for each instance of noncompliance.
Petitioners must include the following information on the employment-related notification:
1. The reason for the notification (for example, explain that the worker “never
reported for work,” or “stopped reporting for work,” or that the employment ended
in “termination,” or “early completion”);
2. The reason for untimely notification and evidence for good cause, if applicable;
3. The USCIS receipt number of the approved H-2A petition;
4. The petitioner’s information, including:
o

Name

o

Address

o

Phone number

o

Employer identification number (EIN)

5. The employer’s information (if different from that of the petitioner):
o

Name

o

Address

o

Phone number

6. The H-2A worker’s information:
o

Full Name

o

Date of birth

o

Place of birth

o

Last known physical address and phone number

Additionally, to help USCIS identify the H-2A worker, submit the following for each H-2A
worker, if available:
•

Social Security number

•

Visa number

Note: The employment notification requirement is a petitioner obligation and does not
represent an indication of wrongdoing on the part of the H-2A worker. Further, USCIS does not
consider the information provided in a petitioner notification, standing alone, to be conclusive
evidence regarding the worker’s current status.
How do I notify USCIS?
Email or mail your notification to the California Service Center at the following
addresses. Although not required, email notification is strongly recommended to ensure timely
notification.
California Service Center
By email: [email protected]
By mail:
California Service Center
Attn: BCU Section
P.O. Box 30050
Laguna Niguel, CA 92607–3004

H-2B Employment-Related Notifications to USCIS
Petitioners of H-2B workers must notify USCIS within 2 workdays if any of the following occur:
•

Worker Never Reported for: The H-2B worker does not report for work within 5
workdays of the employment start date on the H-2B petition;

•

Worker Stopped Reporting for Work: The H-2B worker leaves without notice and
not report for work for a period of 5 consecutive workdays without the consent of
the employer;

•

Termination: The H-2B worker is terminated before completing 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 end date specified in the H-2B petition.

Note: USCIS defers to DOL’s definition of “workday.” 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.”
Petitioners must include the following information in the employment-related notification:
1. The reason for the notification (for example, explain that the worker “never
reported for work,” or “stopped reporting for work,” or that the employment ended
in “termination,” or “early completion”);
2. The USCIS receipt number of the approved H-2B petition;
3. The petitioner’s information, including:
o

Name

o

Address

o

Phone number

o

Employer identification number (EIN)

4. The employer’s information (if different from that of the petitioner):
o

Name

o

Address

o

Phone number

5. The H-2B worker’s information:
o

Full Name

o

Date of birth

o

Place of birth

o

Last known physical address and phone number

Additionally, to help USCIS identify the H-2B worker, submit the following for each H-2B worker,
if available:
•

Social Security number, and

•

Visa number

Note: The employment notification requirement is a petitioner obligation and does not
represent an indication of wrongdoing on the part of the H-2B worker. Further, USCIS does not
consider the information provided in a petitioner notification, standing alone, to be conclusive
evidence regarding the worker’s current status.

How do I notify USCIS?
Email or mail your notification to the USCIS Service Center that approved the I-129
petition. Although not required, email notification is strongly recommended to ensure timely
notification.
California Service Center
By email: [email protected]
By mail:
California Service Center
Attn: BCU Section
P.O. Box 30050
Laguna Niguel, CA 92607–3004
Vermont Service Center
By email: [email protected]
By mail:
Vermont Service Center
Attn: BCU ACD
38 River Road
Essex Junction, VT 05479-0001