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Who Qualifies For An H-2A Visa?
An H-2A visa is for employers to hire temporary or seasonal foreign agricultural workers.
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Hiring new employees isn’t as simple as finding a good candidate and offering them the job.
Trump Orders New Work Visa Restrictions Through 2020
President Trump signed an executive order on June 22 that will suspend new work visas through the end of 2020.
H-2A Compliance Guide
H-2B Compliance Guide
EP05: COVID-19 Implications Act
EP04: Small Business Loans CARE Act
Paycheck Protection Program Forgiveness Webinar
Connect with Kyle Farmer Esq. and Alan Harris and learn about the regulations and changes that Small Business Owners need to comply with, in order to qualify for the PPP loan forgiveness.
The H-2A Program: How it Can End Your Labor Shortage
Why would an employer contact Farmer Law PC?
Who is Farmer Law PC?
Who gets H-2A Visas?
Employers with employment that is (1) temporary or seasonal in nature and (2) Agricultural in nature.
Why do companies get H-2A Visa Workers?
This answer can vary by individual employer. But the primary reason is always the same. In Agriculture, there are types of businesses that find it difficult, if not impossible, to have a steady, reliable, domestic labor force. As such, they supply (or supplement) their labor force with foreign labor.
How do I find workers?
Most companies find their workers by referrals provided by current employees. However, if you need help finding workers, this is a service Farmer Law PC, P.L.L.C.can provide.
What is the H-2A Process?
This answer depends on the type of employer. In general, however, the employer has to file with the state workforce agency. After filing with the state workforce agency, the employer has to file with the United States Department of Labor. Once the Department of Labor accepts the labor certification, you must advertise in the appropriate places, with very specific content. Then, once you receive your final labor certification, you must file with the Department of Homeland Security. After this, your workers can go to the consulate to be processed for their visa. There are many detailed and complex steps in each of these, but this is a general outline of the labor certification process.
What documents must I retain?
This is a broad question, but brings me to the most important point as it relates to audits, retain EVERYTHING you receive from the government. You will receive many documents in the mail including, but not limited to, Farm Labor Contractors Licenses, Licenses for Farm Labor Contractor Employees, Receipt Notices, and Notices of Acceptance. There are many other things you will receive in the mail through the process, so make sure you retain all of them.
How do I protect myself from being audited?
You don’t. Almost all H-2A employers will be audited by the Department of Labor Wage & Hour Division. The best thing you can do is know you are going to be audited and act accordingly.