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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.

ADVANTAGES OF THE H-2B PROGRAM

  • 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

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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

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