A foreign worker’s H-2A visa was extended after a U.S. worker unexpectedly quit their job. Initially, the visa extension was denied because the resignation was seen as a normal part of business.

However, a Department of Labor judge overturned this decision, arguing that the organization could not have anticipated or controlled the resignation. The judge found the initial denial to be unfair. The organization had originally been approved to hire two foreign workers through the H-2A visa program for a set period. When the U.S. worker resigned unexpectedly, the organization asked to keep one of the foreign workers for longer.

H-2A visas can be extended in certain situations that are beyond the organization’s control. The resignation was deemed an unforeseen event, so it qualified for an extension.

As always, if you have questions about visa extension or any U.S. immigration issue, contact us. Our team of experienced attorneys works directly with our clients every step of the way to optimize the odds of a successful outcome.