Address.

PO Box 363

Wylie, Texas 75098

Tel. 972.442.4244

Toll Free. 1.866.442.8472

Fax. 972.429.2134

© 2017 by Action Visa Assistance. Proudly created by Rocket to the Stars.

* Action Visa Assistance is not a law firm we are employer agents. In no way do we provide legal advice: the service we provide is based on past experience and success using the H2 programs. Should you feel you need legal advice, please contact a board certified attorney.

H-2A REQUIREMENTS

 

GUIDING YOU THROUGH EACH CRITERIA TO QUALIFY FOR H-2A.

  1. Must be an agricultural employer who anticipates a shortage of U.S workers needed to perform agricultural labor or services of a temporary or seasonal nature.

  2. The job opportunity must be both full time and temporary - generally based on the specific crop or livestock care guidelines.

  3. There must not be sufficient U.S. workers who are willing and capable of performing the temporary services.

  4. Hiring foreign workers must not negatively affect the wages and/or working conditions of similarly employed U.S. workers.

  5. Employer must:

    • Have a physical location in the U.S. and a means by which it may be contacted for employment

    • Have the ability to hire, pay, fire, supervise or otherwise control the work of employees.

    • Possess a valid Federal Employer Identification Number (FEIN).

  6. Employer must provide housing in accordance with regulations.

  7. Employer must provide workers compensation insurance or equivalent.

 

Part-time employment does not qualify for H-2A. A job opportunity is considered temporary if the employer’s need for the duties to be performed is temporary, whether or not the underlying job is permanent or temporary.

U.S. Department of Labor – H-2A Labor Certification Overview CLICK HERE 

STEP BY STEP PROCESS

STEPS TO BECOMING AN H-2A EMPLOYER

  1. Determine Wage Rate to Offer – highest of:

    • Adverse Effect Wage Rate (AEWR)

    • Prevailing hourly wage or piece rate

    • Agreed-upon Collective Bargaining Agreement (CBA) Wage (if applicable)

    • Federal or State Minimum wage

  2. Place a Job Order with local State Workforce Agency (SWA).

  3. Submit Application for Labor Certification to U.S. Department of Labor (USDOL).

    • Submit supporting documentation (where required).

  4. Conduct positive recruitment (in addition to job order submitted to SWA).

    • Publish employment ad in local area and in labor supply states (as directed by USDOL).

    • If applicable, contact local union.

    • Contact domestic workers who performed the job last year.

    • Complete and submit initial Summary of Recruitment Activities to US DOL.

  5. USDOL makes Labor Certification determinations.

  6. Submit Petition for Nonimmigrant Worker to U.S. Citizenship and Immigration Services (USCIS).

  7. Receive Approved Petition

  8. Workers apply to U.S. Department of State (at Consulate office in workers home country).

  9. Workers report to work.

 

Special consideration on recruitment includes: continued cooperation with the SWA by accepting referrals of eligible U.S. workers until 50% of the period of the work contract has passed. Recruitment logs and reports must be kept through that time period.

A supplemental recruitment summary must be submitted to US DOL through-out the entire requirement period (50% rule above).

Please see Electronic Code of Federal Regulations for clarification on employer Obligations and Assurances (20CFR655.135) CLICK HERE

ASSEMBLING YOUR WORKFORCE

WORKER PROCESSING OVERVIEW:

 

Getting your approved petition is only HALF the process.

 

After your petition for H-2 workers has been approved we help you and your workers through the US Consulate process and finally, send you an employer’s packet to begin assembling your workers personnel files and aide in worksite compliance.

 

STEPS TO PROCESSING:

  1. Register your petition for appointment.

  2. Schedule your workers Consulate appointment.

    • We contact you and your workers regarding appointment date and time

    • We contact your workers with information they will need to provide at their appointment

  3. Assist workers in document completion.

  4. Escort workers to Consulate appointment.

  5. Pick up worker visas, verify data and present them to each worker.

  6. Escort workers to departure location.

  7. Send you workers via pre-arranged transportation to worksite.

  8. Email to you various reports and forms - governmental forms for proofing, dating, signing and keeping in personnel files.

    • I-9 Employment Verification

    • W-4 Employee’s Withholding Allowance Certification

    • SS-5 Application for a Social Security Card (for any worker that does already have a Social Security Number)

    • Workers Process Report (so you know who was approved or denied)

    • Worker Profile, with personal data for your records.

    • Procedure for reporting worker departure and/or termination from employment prior to visa expiration.

    • Letter for your worker to sign regarding obligations of departure and notification on early separation.