Q: unfairly dismissed on H2A visa but found another job
Hi, I was working in the USA on H2A visa. After a month of working and doing everything that was asked of me to do I was called into the managers office and told that im being dismissed and sent home because i was stealing hours from them.
He said that on 3 different days i left early but i booked a full days work.
i told him that i did clock out at the time i left and i didnt book a full day i told him that i have the hours on my phone so i can prove it to him,but he refused to look at my proof, he then tried to find a other reason and said that the job i was given 5 days ago should of been finished already and its not, so i said to him but its finished. but then the manager got angry and defensive and said to me NO its done and final your going home and handed me the money owed to me and told me i must leave..is it fair?now im back in South Africa but iv managed to find another job in USA will this incident stop me from getting a new H2A Visa or wont it be a issue
More information is needed. When did you depart the United States? Do you know whether criminal charges were actually filed against you?
If a consular official has reason to believe that you are inadmissible, then the new visa can be denied and an approved visa petition may be revoked. It is unclear whether the consular official will call your former employer, let alone speak with your manager. Usually, employers make no further statements about former employees. All that you can do is apply, again, if you require a new visa. You are obligated to tell the truth on your electronic DS-160 form. However, you must understand the questions, then voluntary exactly what is requested; no more, no less!
As a result, I strongly recommend a Skype, Zoom or some sort of video conference with a competent and experienced immigration and visa attorney before there any other complications.
Your termination under the circumstances described may be unjust, but the H2A visa program does not afford many protections against dismissal. Obtaining a new H2A visa for another job in the USA should be possible, as long as you meet the requirements of the new employer and comply with all applicable immigration laws and regulations. Consultation with an immigration attorney knowledgeable in employment-based visas would be prudent to ensure that your previous dismissal does not negatively affect your new application.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.