Things to keep in mind about the H2B Program

It is not a way to "legalize" undocumented workers. U.S. Consulates have made it clear that they will reject applicants with a history of unlawful presence in the United States.

It is not a means by which to hire "cheap labor." It is a way to hire a stable, consistent and productive work force. Companies interested in using the H-2B program should be aware that the Department of Labor assigns the prevailing wage for the local labor market.

While extensions of H-2B visas may be necessary from time to time, the program is not a way to keep your employees in the United States on a permanent full-time basis. An H-2B visa is a temporary work visa.

It is not a way to avoid paying overtime, workers compensation insurance, or payroll taxes. H-2B workers are employees.

It is not easy or inexpensive. The H-2B process requires a coordinated effort on the part of FEWA staff and the individual FEWA employer members. Employer members may have to write letters or make phone calls to government agencies on very short notice.

It is not a program which you want to start late. It takes a minimum of 120 days to complete the process.