A foreign worker’s H-2A visa was approved for extension following the unexpected resignation of a domestic worker. The U.S. Department of Labor judge overturned an officer’s initial refusal to approve the visa extension. The initial review found that a resignation is a typical part of business, therefore the extension is not granted.
However, the judge found that the organization had no way to control or expect the resignation of a domestic worker. The administration law judge of the Board of Alien Labor Certification Appeals further found the initial rejection to be ‘arbitrary and capricious’. The organization was approved to employ two foreign workers through the H-2A agricultural visa program for a specific time frame. Following the unexpected resignation of the domestic worker, the organization requested the continuation of employment for one of the foreign workers.
Under the provisions of the H-2A visa, a visa extension is allowed based on specific situations that are generally seen as out of the control of the organization. The initial review found the resignation was part of ongoing business, and not a situation that is not expected. The judge found that the unforeseen resignation is also out of the control of the organization and as such, qualifies for extension approval.
As always, if you have questions about visa extension or any U.S. immigration issue, contact us at ILBSG. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their specific situations to optimize the odds of a successful outcome.
