If you've been injured on the job as an H-2A or H-2B worker and require ongoing medical treatment, there are steps you can take to extend your visa in order to continue receiving medical care:
- Notify Your Employer: Inform your employer immediately about your workplace injury. They should be aware of the incident and may need to provide documentation or assistance in your visa extension process.
- Seek Medical Attention: Get proper medical treatment for your injury. Document all medical visits, prescriptions, and treatments. This documentation may be important when applying for a visa extension.
- File a Workers' Compensation Claim: In Wisconsin, injured workers can file for workers' compensation benefits if they suffered a workplace injury. Your employer should assist you with this process, but if they do not, you can contact and seek help from Wisconsin’s Department of Workforce Development Worker’s Compensation Division.
- Apply for a Visa Extension: You may be eligible to apply for a visa extension for medical reasons. Your employer can help you prepare and submit the necessary paperwork to the United States Citizenship and Immigration Services (USCIS). Be sure to include documentation of your injury and the need for ongoing medical treatment. The Form I-539, officially titled "Application to Extend/Change Nonimmigrant Status," is used for various purposes related to nonimmigrant visas in the United States. While it's commonly associated with extending or changing visitor visas, it can also be used for certain other nonimmigrant visa categories, including H-2A visas in certain circumstances. If you employer is not willing to help you with this application process you may want to contact an attorney for advice. Hawks Quindel’s attorneys do not practice immigration law, but can assist you in identifying attorneys who do so.
- Stay in Status: While your visa extension application is pending, make sure to stay in status and comply with all visa regulations. This includes refraining from working beyond the authorized period.
- Follow Up on Your Application: Keep track of your visa extension application and follow up with USCIS if necessary. You may need to provide additional documentation or attend an interview as part of the process. Make sure to attend any appointment scheduled for you by immigration authorities in connection with your application.
- Continue Medical Treatment: Even after receiving a visa extension, continue to prioritize your medical treatment and recovery. Follow your doctor's recommendations and attend all scheduled appointments.