What is the H-2A/guest-worker program?
A. The federal Alien Employment Certification H2-A program allows agricultural employers to import foreign workers temporarily when there are not enough qualified U.S. workers available. Employment Security’s official role in the H2-A application process is to oversee efforts to recruit U.S. workers and to help the federal government determine whether a labor shortage exists. Once an employer is approved for participation, the department assures compliance with program requirements, such as paying prevailing wages and workers’ compensation insurance, providing adequate housing and meals, and paying for workers’ transportation to and from their home country. Beginning in 2009, WorkSource began verifying employment eligibility by completing I-9 forms for U.S.-based job seekers who are referred to all H-2A job orders. An H2-A application must be submitted to the U.S. Department of Labor at least 45 days before the workers are needed. Agricultural employers interested in learning more abou
A. The federal H-2A program allows agricultural employers to import foreign workers temporarily when there are not enough qualified U.S. workers available. Employment Security’s official role in the H-2A application process is to oversee efforts to recruit U.S. workers and to help the federal government determine whether a labor shortage exists. Once an employer is approved for participation, the U.S. Department of Labor is responsible for assuring compliance with program requirements, such as paying prevailing wages and workers’ compensation insurance, providing adequate housing and meals, and paying for workers’ transportation to and from their home country. Employment Security is required to conduct I-9 employment verification for H-2A applications filed before March 15, 2010, but not for applications filed on or after March 15, 2010. Employers must submit their H-2A applications to the U.S. Department of Labor at least 45 days before the workers are needed. Starting March 15, 2010,
Related Questions
- For purposes of the H-2A program, is the employer bound by the date on which the job order and/or application was postmarked, or the date on which it was received by the Department?
- Under the H-2A program, how does the National Processing Center determine whether an application has been filed 45 days prior to the employers date of need?
- What are the wage rates in the H-2A agricultural guestworker program?
