USCIS warns immigrants: Break visa terms and you risk removal from US

US warns foreign workers on employment visas that breaking job terms can lead to removal, citing a recent H-2A case now under ICE investigation

You are responsible for following the terms of your visa. If you violate them, you can be removed from the United States. This was the stern warning issued by the US Citizenship and Immigration Services (USCIS) on Friday, addressing foreign nationals on US work visas, including the H-1B visa popular among Indians.

 

“Aliens who enter the US 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,” said the official USCIS page on X, formerly Twitter.

 

The agency cited the example of a worker on an H-2A visa who failed to report back to their employer in Florida. The individual was later traced by officials in Fresno, California. The case is now with US Immigration and Customs Enforcement (ICE).

 

Indians are not eligible for the H-2A programme, which is for temporary agricultural workers.

 

What is the H-2A visa?

 

The H-2A visa allows temporary agricultural workers to enter the US. According to USCIS, the programme enables American employers or agents “who meet specific regulatory requirements to bring foreign nationals” for seasonal or temporary agricultural jobs.

 

Employers hiring such workers must:

 

• File Form I-129, Petition for a Nonimmigrant Worker, on behalf of the prospective employee

 

• Prove the job is temporary or seasonal

 

• Show there are not enough US workers “able, willing, qualified, and available” to perform the work

 

• Demonstrate the employment will not adversely affect wages or conditions of US workers in similar roles

 

How long can you stay on an H-2A visa?

 

USCIS may grant H-2A status for the period authorised on the temporary labour certification. Extensions can be granted in increments of up to one year, but each request must be supported by a new, valid certification.

 

• Maximum stay allowed: 3 years

 

• After 3 years, the worker must leave and remain outside the US for at least 60 consecutive days before reapplying for H-2A status

 

• Proof of absence may include arrival and departure records, foreign tax returns, or overseas employment records

 

H-1B holders also under scrutiny

 

While the H-2A case was used as an example, the warning covers all US work visas. H-1B visas are not automatically cancelled for overstaying in another country, but extended absences can draw attention from border officers.

 

Last month, three Indian nationals with valid H-1B visas were refused entry into the US and had their visas revoked. They said on social media that US Customs and Border Protection officials cancelled their visas because they had stayed in India for more than 60 days, despite holding valid documents.

 

“There is no period of limitation or cut-off specified,” Palak Gupta, advocate and associate at Jotwani Associates told Business Standard. “The form I-797 from USCIS mentions that a person can enter the US from 10 days before the start of employment, but beyond that, it remains open-ended.” She added, “However, it is advisable to enter within a month or two after the visa is stamped.”

 

Ajay Khatalawala, managing partner at Little & Co, said prolonged absences can create difficulties even if the visa remains valid. “If the individual remains outside the United States for many months, immigration officers at the port of entry may closely examine whether the employment relationship is still valid. This is particularly the case if the sponsoring employer has not provided recent pay stubs or employment letters. In such situations, questions may arise about job continuity,” he said.