Guiding you through each criteria to qualify for H-2A.
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
H-2A non-immigrant temporary work visa
We are devoted to helping you determine if a temporary worker program is right for your business and, if so, we work diligently to ensure your applications are submitted in an accurate and timely manner. Both the H-2A and H-2B non-immigrant temporary work visa programs allow you to hire foreign workers to perform temporary services, in most instances, for up to ten months per year if certain criteria are met.
STEPS TO BECOMING AN H-2A EMPLOYER - STEP BY STEP PROCESS
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
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
Place a Job Order with local State Workforce Agency (SWA).
Submit Application for Labor Certification to U.S. Department of Labor (USDOL).
Submit supporting documentation (where required).
Conduct positive recruitment (in addition to job order submitted to SWA).
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.
USDOL makes Labor Certification determinations.
Submit Petition for Nonimmigrant Worker to U.S. Citizenship and Immigration Services (USCIS).
Receive Approved Petition
Workers apply to U.S. Department of State (at Consulate office in workers home country).
Workers report to work.
ASSEMBLING YOUR WORKFORCE - WORKER PROCESSING OVERVIEW:
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 aid in worksite compliance.
Register your petition for appointment.
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
Assist workers in document completion.
Escort workers to Consulate appointment.
Pick up worker visas, verify data and present them to each worker.
Escort workers to departure location.
Send you workers via pre-arranged transportation to worksite.
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 not 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.