Finding, the right H-2A visa attorney in Louisiana is an important task. Doing this yourself can easily lead to a denial of your H-2A visa petition. There are many steps and if one step isn't followed correctly, it could lead to denial of the entire case. There are also lots of obligations of an H-2A employer. Let's go through each of these steps and obligations
First, an H-2A visa will not be granted unless the following requirements are met:
1) the job is of a temporary or seasonal nature;
2) there are not enough U.S. workers who are able, willing, qualified and available to do the temporary work; and
3) employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
Now that we have gone over the initial requirements of an H-2A visa, let's look at the steps involved:
Step 1: Employer files a temporary labor certification with the Department of Labor
Substep 1a: 60-75 days before fist day of work, employer fills out job order with local State Workforce Agency (SWA). SWA reviews the job order, makes corrections where necessary and advises the employer of the steps necessary to begin recruitment of local U.S. workers;
Substep 1b: No less than 45 days before first day of work, employer fills out H2A application with Chicago National Processing Center which reviews the application, notifies of any deficiencies and advises of the steps necessary to continue the H-2A application process;
Substep 1c: Employer starts recruitment of U.S. workers
Substep 1d: Employer fills out final application with DOL no less than 30 days prior to the first day of work
Step 2: Employer files form I-129 with the United States Citizenship and Immigration Services (USCIS)
Step 3: Prospective workers outside of the United States apply for admission at a U.S. consulate
In the event USCIS grants the H2A visa application submitted by the employer, the employer must be careful to abide by all of its obligations under the applicable federal regulations and statutes. Failure to do so will result in significant penalties asssed by the Department of Labor. More specifically, the following obligations exist with respect to the employment of H-2A workers (pursuant to 20 CFR 655.135):
1) Employers cannot hire H-2A workers if the employer fired U.S. workers within 60 days of the date of need, unless the laid-off U.S. workers were offered and rejected the agricultural job opportunities for which the H-2A workers were sought. A layoff of U.S. workers in corresponding employment is permissible only if all H-2A workers are laid off first. Employers may only reject eligible U.S. workers for lawful, job-related reasons.
2) The employer must pay all covered workers at least the highest of the following applicable wage rates in effect at the time work is performed: the adverse effect wage rate (AEWR), the applicable prevailing wage, the agreed-upon collective bargaining rate, or the Federal or State statutory minimum wage
3) No later than the time at which an H-2A worker applies for a visa and no later than on the first (1st) day of work for workers in corresponding employment, the employer must provide each worker a copy of the work contract – in a language understood by the worker – which describes the terms and conditions of employment.
4) H-2A employers must guarantee to offer each covered worker employment for a total number of hours equal to at least 75% of the workdays in the contract period – called the “three-fourths guarantee.” For example, if a contract is for a 10-week period, during which a normal workweek is specified as 6 days a week, 8 hours per day, the worker would need to be guaranteed employment for at least 360 hours (e.g., 10 weeks x 48 hours/week = 480 hours x 75% = 360)
5) Employers must provide housing at no cost to H-2A workers and to workers in corresponding employment who are not reasonably able to return to their residence within the same day.
6) the employer must reimburse workers for reasonable costs incurred for inbound transportation and subsistence costs once the worker completes 50% of the work contract period.
7) Employers must keep accurate records of the number of hours of work offered each day by the employer and the hours actually worked each day by the worker.
Louisiana H-2A visa lawyers at Liberty Law Group have the expertise and experience to handle any type of H-2A visa application. We also represent employers in any audit or administrative proceeding conducted against any company by the United States Department of Labor. Call Louisiana Immigration attorneys at Liberty Law Group today for a free consultation.
First, an H-2A visa will not be granted unless the following requirements are met:
1) the job is of a temporary or seasonal nature;
2) there are not enough U.S. workers who are able, willing, qualified and available to do the temporary work; and
3) employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
Now that we have gone over the initial requirements of an H-2A visa, let's look at the steps involved:
Step 1: Employer files a temporary labor certification with the Department of Labor
Substep 1a: 60-75 days before fist day of work, employer fills out job order with local State Workforce Agency (SWA). SWA reviews the job order, makes corrections where necessary and advises the employer of the steps necessary to begin recruitment of local U.S. workers;
Substep 1b: No less than 45 days before first day of work, employer fills out H2A application with Chicago National Processing Center which reviews the application, notifies of any deficiencies and advises of the steps necessary to continue the H-2A application process;
Substep 1c: Employer starts recruitment of U.S. workers
Substep 1d: Employer fills out final application with DOL no less than 30 days prior to the first day of work
Step 2: Employer files form I-129 with the United States Citizenship and Immigration Services (USCIS)
Step 3: Prospective workers outside of the United States apply for admission at a U.S. consulate
In the event USCIS grants the H2A visa application submitted by the employer, the employer must be careful to abide by all of its obligations under the applicable federal regulations and statutes. Failure to do so will result in significant penalties asssed by the Department of Labor. More specifically, the following obligations exist with respect to the employment of H-2A workers (pursuant to 20 CFR 655.135):
1) Employers cannot hire H-2A workers if the employer fired U.S. workers within 60 days of the date of need, unless the laid-off U.S. workers were offered and rejected the agricultural job opportunities for which the H-2A workers were sought. A layoff of U.S. workers in corresponding employment is permissible only if all H-2A workers are laid off first. Employers may only reject eligible U.S. workers for lawful, job-related reasons.
2) The employer must pay all covered workers at least the highest of the following applicable wage rates in effect at the time work is performed: the adverse effect wage rate (AEWR), the applicable prevailing wage, the agreed-upon collective bargaining rate, or the Federal or State statutory minimum wage
3) No later than the time at which an H-2A worker applies for a visa and no later than on the first (1st) day of work for workers in corresponding employment, the employer must provide each worker a copy of the work contract – in a language understood by the worker – which describes the terms and conditions of employment.
4) H-2A employers must guarantee to offer each covered worker employment for a total number of hours equal to at least 75% of the workdays in the contract period – called the “three-fourths guarantee.” For example, if a contract is for a 10-week period, during which a normal workweek is specified as 6 days a week, 8 hours per day, the worker would need to be guaranteed employment for at least 360 hours (e.g., 10 weeks x 48 hours/week = 480 hours x 75% = 360)
5) Employers must provide housing at no cost to H-2A workers and to workers in corresponding employment who are not reasonably able to return to their residence within the same day.
6) the employer must reimburse workers for reasonable costs incurred for inbound transportation and subsistence costs once the worker completes 50% of the work contract period.
7) Employers must keep accurate records of the number of hours of work offered each day by the employer and the hours actually worked each day by the worker.
Louisiana H-2A visa lawyers at Liberty Law Group have the expertise and experience to handle any type of H-2A visa application. We also represent employers in any audit or administrative proceeding conducted against any company by the United States Department of Labor. Call Louisiana Immigration attorneys at Liberty Law Group today for a free consultation.