Press Releases Suggest Past Carelessness in Handling H-2A Applications

By David North on August 5, 2019

This is the first line of a USCIS press release issued on August 2:

As previously announced, on August 5, USCIS will begin rejecting Form I-129, Petitions for a Nonimmigrant Worker, petitions that do not include the petitioner's or applicant's name and primary U.S. office address in Part 1 of the form.

Think about that for a second.

It seems to suggest that right up to August 5, USCIS was sometimes granting the right for an alien to take a temporary job (apparently H-2A farm worker slots in particular) even if the name of the employer was not on the application. It further suggests that Forms I-129 may have been rubber stamped no matter their content, or their lack thereof.

This is, apparently, a continuing problem with H-2A applications because on June 4 USCIS issued an earlier — and better written — press release on the same subject. It said:

On August 5, USCIS will begin rejecting Form I-129, Petition for a Nonimmigrant Worker, petitions that do not include the petitioner's or applicant's name and primary U.S. office address in Part 1 of Form I-129.

USCIS currently rejects Form I-129 for several reasons. These include, but are not limited to, lack of signature, incorrect fees, or unauthorized third party signing on behalf of the petitioner.

Bear in mind, the employer in all of these cases is asking to be excused from the American labor market, and to hire an alien instead of an American.

My sense is that if the employers can't fill out the basics of a government form, like one's name, address, and the payment of the right fee, maybe those employers should not get a reminder about paper work, maybe they should simply have their applications rejected.

If any of us went into a state motor vehicle office and asked for a driver's license, but failed to write down our name, or pay the proper fee, do you suppose we would get that license? Would the DMV feel obliged to issue a press release telling would-be drivers that they had to reveal their names and addresses?

I doubt it.