H-2A Visas
Temporary Agricultural Workers
The H-2A program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.
Six Top Occupations in The H-2A Program
- Farmworkers/ Nursery Laborers
- Agriculture Equipment Operators
- Agricultural Construction Laborers
- Heavy Truck Drivers
- Agricultural Graders and Sorters
- Farm Equipment Mechanics
Qualifying Criteria to Participate
- Prove you have a temporary/seasonal need
- Prove there are no domestic workers willing and capable by testing the U.S. labor market
- No layoffs of similarly employed U.S. workers
- Job opportunity is full time for the entire season
- Provide free of charge all tools & supplies required to perform the job
- Inbound & Outbound transportation & subsistence expenses provided or reimbursed
- Provide housing at no cost to the workers
- Guarantee an offer of employment for a total of ¾ of the hours specified in work contract
Things to Keep in Mind about the H-2A Program
- Not a way to ‘legalize’ undocumented workers currently in the U.S.
- U.S. Department of Labor sets the wage
- Not a means by which to hire “cheap labor”
- Complete process can take 4-5 months, get started early
- As an agribusiness you must be prepared to follow the rules
- Process requires a coordinated effort on the part of FEWA staff and the individual FEWA employer-members
H-2B Visas
TEMPORARY GUEST WORKER PROGRAM
The H-2B program allows non-agricultural employers, who meet the program requirements, to hire nonimmigrant workers to temporarily come to the U.S. and perform non-agricultural services or labor based on the employer’s temporary need. The employer must establish that its need for additional workers is temporary in nature, regardless of whether the underlying job is permanent or temporary.
In order to issue an H-2B certification to an employer, the U.S. Department of Labor must also determine that:
- There are not sufficient U.S. workers who are qualified and who will be available to perform the temporary services or labor for which an employer desires to hire foreign workers; and
- The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
H-2B Advantages
- Access to an abundant labor supply from foreign countries
- Efficiency in operations through higher labor productivity
- Repeat workforce year after year
- Less turnover and reduced training cost
- Comfort in knowing you have a legal workforce
- Improved corporate image
- Keeps American small businesses in business and sustains American jobs
- Reduce illegal immigration by giving employers the opportunity to hire legal documented workers
Things to Keep in Mind about the H-2B Program
- A statutory numerical limit, or “cap,” of 66,000 H-2B visas during a fiscal year
- Not a way to “legalize” undocumented workers currently in the U.S.
- Not a means to hire “cheap labor”
- Not a way to avoid paying overtime, workers compensation insurance, or payroll taxes – H-2B workers are employees
- U.S. Department of Labor sets the wage
- Complete process can take seven (7) months, do not start late
- The process requires a coordinated effort on the part of FEWA staff and the individual FEWA employer-members
FEWA AFFILIATE AND PARTNER ORGANIZATIONS
NEW FEWA MEMBERS RECEIVE FIRST YEAR SAVINGS ON H-2 SERVICES THROUGH MEMBERSHIP WITH OUR AFFILIATE AND PARTNER ORGANIZATIONS
