I have a list of foreign workers. Can I apply for visas for them to work for me?

I need H-2A workers on March 1. When do I need to apply and how?

How many H-2A workers can I get?

It is January 15. My job does not start until Mar 1. I already have referrals. What do I need to do?

How long do I have to accept referrals?

What other costs are associated with participating in H-2A?

When do I reimburse these fees?

I have a list of foreign workers. Can I apply for visas for them to work for me?

Yes. We will provide your preferred worker list to a foreign agent who will contact your applicants and get them ready. Many of our clients bring back the same workers year after year. If you do not have names already, foreign agents are available to recruit workers to your specifications. You pay the foreign agent directly for these services. The foreign agent is contractually forbidden from collecting any fees from the worker.

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I need H-2A workers on March 1. When do I need to apply and how?

You should contact Andy by December 15 to get your paperwork started. Immediately after January 1, you need to register your housing and, if applicable, request your county health department to sample the water supply and inspect the septic system. Your housing should be inspected and approved by January 15.

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How many H-2A workers can I get?

The number of visas you may apply for is based upon your maximum housing capacity. Ideally, you should have “extra” housing capacity for spare visas. Spare visa come in handy if you lose a worker. Housing may be owned or rented by you. We are happy to provide pre-filing consultation concerning housing options at no additional cost to you.

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It is January 15. My job does not start until Mar 1. I already have referrals. What do I need to do?

You should give all eligible referral candidates a hiring commitment that the worker has a job starting March 1 and document for your recruitment report. The job does not start until March 1 and you are not required to make work available until the contract start date. Remember to report all workers who fail to report for work.

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How long do I have to accept referrals?

You are obligated to accept referrals until 50% of the contract has elapsed (the “50% Rule”). For example, if the job starts March 1 and ends on December 1, you must recruit until July 15. The end of the recruitment period will be stamped on the first page of your accepted job order.

If you are a small employer who employed 7 or fewer total workers in agricultural employment during any calendar quarter last year, then you might be entitled to exemption from the 50% Rule.  We will work with you to identify whether you are eligible to claim this exemption. The recruitment period for exempt employers typically ends 3 days BEFORE your contract start date. For example, if the job starts March 1, your recruitment period would end on February 26 (February 27 if a leap year).

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What other costs are associated with participating in H-2A?

In addition to our fees and the foreign agent fees, you are required to reimburse H-2A workers their “relocation costs”. Relocation costs include inbound transportation and subsistence expenses from the place from which the worker departed to come work for you to the place of employment. And, for those workers who complete the work contract, you must pay or provide return transportation and subsistence back to the place they came to work for you, unless the worker has been sponsored by another employer to go work somewhere else.

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When do I reimburse these fees?

You should contact Andy by December 15 to get your paperwork started. Immediately after January 1, you should register your housing and request your county health department to sample water supply and approve septic, if applicable. Your housing should be inspected and approved by January 15.  We are happy to guide new clients through the permitting process for no additional cost.

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If you have any questions not answered here, please do not hesitate to give Andy a call at (910) 592-4121.

DISCLAIMER:  Because of the generality of this information, what is provided herein may not be applicable or suitable in all situations and should not be acted upon without specific legal advice based on your particular situation.