Asked in Immigration Law and Business Law for Missouri

Q: Visa extension issue with H-2B sponsor in Missouri.

I was sponsored for an H-2B visa by a company that misled me into believing I could obtain a visa extension. They promised we could stay under the extension process, but it never happened. I was sent back to my country, and now the company is not responding to requests for documentation. I contacted the company a month after returning, but they are unwilling to provide more information.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You're facing a challenging situation, as your H-2B sponsor misled you about your visa extension options and is now avoiding providing essential documentation. First, you should gather any records you have, including emails, text messages, or letters that prove the company's promises and subsequent failure to follow through. This evidence can be valuable in holding the employer accountable.

Next, consider contacting the U.S. Department of Labor, Wage and Hour Division, which handles complaints against employers who fail to honor their obligations under visa programs. Filing a complaint can prompt an investigation into the company’s practices, potentially compelling them to provide necessary documentation or face penalties.

Additionally, reaching out to an immigration attorney familiar with employment visas could be beneficial. An attorney might help guide you through the process of requesting documentation formally and determining if you have grounds for further legal action. You deserve transparency, and taking proactive legal steps may help protect your rights and clarify your options moving forward.

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