Who enforces the rules of the H-2B program, and is enforcement adequate? 655.22(m)]. WebH2B In-Country Extension Opportunities. ol{list-style-type: decimal;} This provision applies to H-2B workers and to workers in corresponding employment who travel from far enough away to the worksite that it is not reasonable for them to return home every day. Those not specified in the job order are prohibited fees. WebThe employer's job opportunity (opportunities) must be: Temporary (i.e., nine months or less, except one-time occurrences); Full-time (i.e., 35 or more hours per week); and Non This fact sheet provides general information concerning an employers obligations regarding travel, visa, and related expenses for workers employed under the H-2B program for H-2B applications submitted on or after April 29, 2015. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} 655.22(b)]. [20 C.F.R. .table thead th {background-color:#f1f1f1;color:#222;} .manual-search ul.usa-list li {max-width:100%;} The employer may be obligated under the FLSA to reimburse workers for their inbound transportation during the first workweek to the extent that the travel costs they incurred would bring workers below the Federal minimum wage. The employer must post additional posters if a significant portion of workers are not fluent in English and if DOL provides the poster translated into their language. The Herman Legal Group, founded in 1995, can help. .usa-footer .container {max-width:1440px!important;} 1103(a)(6). H-2B Certification All 15 occupations had high average unemployment rates in 20132014, most being at or around double digits.16 In the top H-2B occupation by far, landscaping, the unemployment rate averaged 12.7 percent during 20132014, more than double the national unemployment rate in 2014. 4. H2B Visa As part of the Temporary Labor Certification, employers filing for Temporary Employment Certification with the Foreign Labor Certification, Department of Labor on or after April 29 2015, must comply with certain regulations. Boustany, Goodlatte, Harris, and Chabotintroduced similar legislation to make permanent the returning worker exemption and remove the DOLs oversight of the program.12 However, Republicans are not all in agreement when it comes to the H-2B program.13 On the Democratic side, Rep. Lofgren has also been a leading supporter of the returning worker exemption.14. An official website of the United States government. Below are some helpful tips as you contemplate onboarding temporary H 2B workers. 1184(c). Timothy Carney, The Business Lobby Wins on Unskilled Guest Workers, Washington Examiner, December 22, 2015. 9. This was recently documented and explained in a December 2015 newsreport, which found that in the H-2B and H-2A programs: [C]ompanies across the country in a variety of industries have made it all but impossible for U.S. workers to learn about job openings that they are supposed to be given first crack at. The employer must provide all the required tools and equipment to perform their duties. However, WHD only has about 1,200 agents but is tasked with protecting the labor and employment rights of 150 million workerswhich includes all H-2B workers and Americans who work in H-2B occupations. What is a 'one-time occurrence'? How can lawmakers improve wages and working conditions for Americans and for migrant workers in the H-2B program? The employer must also prove that its need for the prospective workers services will not adversely affect the working conditions of similarly employed permanent workers. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} .h1 {font-family:'Merriweather';font-weight:700;} Rachel Luban, Proposed House and Senate Bills Would Roll Back New Worker Protections in Guestworker Program, In These Times, December 10, 2015. If the worker is not transferred, the employer must provide the worker return transportation to the place from which the worker departed to work, disregarding intervening employment. Phone: 202-775-8810 epi@epi.org If not all of these are available, Wyngaard Law Immigration Lawyers can What is Required for an H-2B Visa? | Herman Legal Group H-2B Program for Temporary Non-Agricultural Workers What is a 'seasonal need'? There must be no strike or lockout at any of the employer's worksites within the area of intended employment for which the employer is requesting an H-2B certification. The employer must show how it will offer subsistence costs and inbound transportation in the job order. Other additional deductions must be reasonable and must be disclosed in the job order. Senators Spar Over Proposal To Increase Foreign Workers In The U.S. Letter to Majority and Minority Leaders of the U.S. Senate, Foreign Guest Workers to Triple under New Federal Budget Bill, Mikulski, Bipartisan Group of Senators Introduce Legislation to Improve H-2B Visa Program, Oppose the Save our Small and Seasonal Business Act of 2015, Proposed House and Senate Bills Would Roll Back New Worker Protections in Guestworker Program, Chabot, Goodlatte, Harris, Boustany Unveil Bill to Reform Seasonal Guestworker Program, The Business Lobby Wins on Unskilled Guest Workers. Each fiscal year, the intake of H 2B workers is limited by immigration services in what is referred to as the H 2B cap. The employer must abide by State Workforce Agencies Referrals and hire qualified and eligible US workers. To complete Section 2, you, the new employer, should enter under List A: The unexpired foreign passport information; Unexpired Form I-94 information; and This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. 113. Additionally, the employers job order must detail how inbound travel and subsistence will be provided. Thats why civil rights groups have referred to the H-2B program as close to slavery.23 A recent journalisticinvestigation dubbed it the new American slavery.24 The problems begin when H-2B workers are first recruited in their home countries.25 Most pay large sums to labor recruiters who connect them to temporary jobs in the United States.26 That leaves the workers who come to the United States indebted to their recruiters and employers. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. The requirements and qualifications for the job must be in line with the normal and accepted qualifications for similarly employed permanent workers. For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243). WebYou can become an H2B visa holder if you have a job offer for a temporary non-agricultural role from a US-based employer. Webworkersarenotavailable. Federal government websites often end in .gov or .mil. See Sec. We are here to guide you in person, via the phone, or online. Reg. On or before each payday (which must occur at least every 2 weeks or according to the prevailing practice in the area of intended employment, whichever is more frequent), each worker must be given a pay stub showing hours offered, hours actually worked, hourly rate and/or piece-rate of pay, and, if piece-rates are used, the number of units produced daily. .manual-search-block #edit-actions--2 {order:2;} Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. The H-2B visa is in demand the U.S. government allows for 66,000 The employer must also have a physical address and presence in the US for communication purposes. The employer wage rate must be clear and free without kickbacks or deductions to the employer. In fiscal 2007 (the last year the returning worker exemption was in place), for example, nearly 130,000 H-2B visas were issued.5 Lobbying from employer groups to extend the returning worker exemption for fiscal 2017, or to make it permanent, has already begun.6. The second-largest occupation is forestry workers, at about 8 percent.1 In fiscal 2014, the top two occupations accounted for nearly half of all H-2B jobs.2 The other top occupations include amusement and recreation attendants (working at traveling carnivals), maids and housekeepers, meat and fish processors, construction laborers, and restaurant workers such as cooks and waitstaff. Lauren Apgar, Authorized Status, Limited Returns: The Labor Market Outcomes of Temporary Mexican Workers, Economic Policy Institute report, May 21, 2015. The employer must disclose how it will provide inbound transportation and subsistence costs (lodging incurred on the employer's behalf and meals) in the job order. 2023 H2b Jobs, Employment | Indeed.com Determine Your Employee's Eligibility: Before you actually start all the paperwork to extend your employee's stay in the U.S., you must first determine if he or she is eligible to extend his or her stay in the U.S. With H 2B classification, you can onboard temporary workers to the United States to fill positions in landscaping, manufacturing, forestry, retail and food packaging through the United States Citizenship and Immigration Services. Daniel Costa, The H-2B Temporary Foreign Worker Program: For Labor Shortages or Cheap, Temporary Labor?, Economic Policy Institute report, January 19, 2016. H-2B Visa Temporary Non-Agricultural Workers Medical Insurance @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} This fact sheet provides general information concerning employer requirements under the H-2B program for H-2B applications submitted on or after April 29, 2015. 655.22(j)]. In addition, the employer and its agents and attorneys are prohibited from knowingly holding, destroying, or confiscating workers' passports, visas, or other immigration documents pursuant to 18 U.S.C. H2B Visa Qualifications and Eligibility Requirements H2B Visa Ken Bensinger, Jessica Garrison, and Jeremy Singer-Vine, The Pushovers, BuzzFeed News, May 12, 2016. The employer will either advance all transportation and subsistence expenses to workers traveling to the employer's worksite, pay for them directly, or reimburse the expenses no later than the time workers complete 50 percent of the period covered by the job order. Employee's H-2B Visa It also means not being able to earn back the money that was invested in order to get the job. (CR1/IR1), How to Get Spouse Visa In Egypt? Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments. The .gov means its official. 20. 29. Requirements related to visa expenses and transportation/subsistence costs: The employer must either advance all visa, border crossing, and visa-related expenses to H-2B workers, pay for them directly, or reimburse all such expenses in the first workweek. 655.22(g)(1)], Will make all deductions from the workers paychecks that are required by law. [8 U.S.C. Ken Bensinger, Jessica Garrison, and Jeremy Singer-Vine, The Pushovers, BuzzFeed News, May 12, 2016. USCIS Launches H-2B Employer Data Hub | USCIS The employer and its attorney and/or agent must provide the Department: a copy of all agreements with any agent or recruiter whom it engages or plans to engage in the international recruitment of H-2B workers, and. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} WebThis fact sheet provides general information concerning employers recruiting requirements for prospective workers under the H-2B program for H-2B applications submitted on or 8. Silo Ridge Field Club. Estimated $55.1K - $69.8K a year. /*-->H-2B Visas for Employers - Process and Requirements Also, the employer must not impose restrictions or obligations on U.S. workers that are not imposed on H-2B workers. ]]>*/, The Department of Labor Appropriations Act, 2016, Division H, Title I of Public Law 114-113 ("2016 DOL Appropriations Act"), provides that the Department of Labor ("Department") may not use any funds to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any reference thereto. The combination of flat wages in H-2B jobs with such high unemployment rates suggests that labor shortage claims are unsubstantiated. 25. Landscapers/groundskeepers account for about 40 percent of all H-2B jobs. #Can an Employer Pay Using Other Means Other than an Hourly Rate? 655.22(d)], Will not place any H-2B worker outside the area of intended employment listed on the H-2B certification unless the employer has obtained a new temporary labor certification from the Department. The guarantee period begins with the first workday after the worker arrives at the place of employment or the advertised first date of need, whichever is later, and ends on the last day of the job order. The employer may fulfill its outbound travel obligation by actually providing the travel, by arranging and paying for it directly, or by reimbursing the worker during the last workweek of employment. The employer must provide to workers, without charge or deposit, all tools, supplies, and equipment required to perform the duties assigned. This visa is only available for work that is temporary in nature. To ascertain your H 2B program eligibility, you must be a US employer with a valid Federal Employer Identification Number (FEIN). The guarantee period begins on the first day the worker arrives and ends on the last day specified in the job order. In 2005, Sen. Mikulski introduced legislation that became law which included a returning worker exemption for fiscal 2005 and 2006, which was extended for 2007 through an appropriations rider. .agency-blurb-container .agency_blurb.background--light { padding: 0; } ol{list-style-type: decimal;} For its part, DOL responded that it has made a serious and sustained effort to protect both guest workers and U.S. workers but added that many of those efforts have been under constant attack from powerful industry groups seeking to undermine these protections. Industry lobbying has in fact watered down H-2B rules, including via the fiscal 2016 appropriations riders, but DOLs reluctance to ban serious violators and even criminals from using the H-2B program is troubling and unacceptable. H2B Visa Requirements And Eligibility This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. If workers are paid based on piece-rates, commissions, bonuses, or other incentives, the employer guarantees a wage earned every workweek that equals or exceeds the offered wage. 1. The wage must be paid free and clear. As discussed in the preamble to the 2015 H-2B Interim Final Rule (published April 29, 2015), the Department views the inbound transportation costs to be primarily for the benefit of the H-2B employer. For more on this topic, see "Fact Sheet #. Employers must comply with these requirements with respect to both their H-2B workers and workers in corresponding employment. To onboard available and qualified US labor to perform the labor or services in the job order, the employer must adhere to all recruitment guidelines. U.S. Department of Labor and U.S. Department of Homeland Security, Temporary Non-Agricultural Employment of H-2B Aliens in the United States, 80 Fed. Barry Meier, Union Accused of Betraying Migrant Carnival Workers, New York Times, September 1, 2015. Jed Lipinski, Foreign Guest Workers to Triple under New Federal Budget Bill, The Times-Picayune, December 21, 2015; Sen. Barbara Mikulski, Mikulski, Bipartisan Group of Senators Introduce Legislation to Improve H-2B Visa Program (press release), October 30, 2015. WebTo hire foreign workers, employers must seek labor certification through the U.S. Department of Labor ( DOL) and petition the U.S. Web9 FAM 402.10-8(A) (U) When a New Petition is Required for a New Position with the Same Employer (CT:VISA-1632; 09-29-2022) a. One of the requirements, as set by immigration law (See 20 CFR Secs. |All Rights Reserved|, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial, How to Get Spouse Visa In Canada? .table thead th {background-color:#f1f1f1;color:#222;} Employers typically work with recruiters in the foreign country who identify workers with the necessary skills for the job. Foreign Labor Certification This documentation must be made available upon request by the Certifying Officer or other Federal representative. The H 2B program is available to employers seeking to hire for temporary work that is a seasonal need, an intermittent occurrence, or a peak load need. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 655.22(k)], Will notify the Department and DHS in writing of the separation from employment of an H-2B worker, not later than two work days after such separation is discovered by the employer, if such separation occurs prior to the end date of the employment specified in the H-2B application. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} 21. Frequently asked questions about the H-2B temporary foreign The employer must provide outbound transportation and subsistence to workers who work until the end of the job order or who are dismissed for any reason before the end of the job order. This appropriations rider has been included in the continuing resolutions that have passed throughout FY2017 and FY2018, and the Department remains prohibited from enforcing these provisions or any reference thereto. One way employers can pay below-average wages is by using biased and unscientific private wage surveys to set wage rates for their H-2B employees. ALERT: On Jan. 28, 2022, the Department of Homeland Security and the Department of Labor published a joint temporary final rule increasing the numerical limit In-Country Extension Opportunities for H2B Visa's are available at These features of the H-2B program have led to numerous cases of human trafficking and forced labor involving H-2B workers, including the Signal International case, where hundreds of Indian welders and pipefitters paid $11,000 to $25,000 in recruitment fees and were forced to live in camps with armed guards.27 The New York Times editorialized about another case, noting that the actions of a Wal-Mart seafood suppliers treatment of its H-2B employees amounted to forced labor when the supplier forced them to work 16- to 24-hour days, and 80-hour weeks, at illegally low rates, sometimes locked in the plant, peeling crayfish until their hands felt dead, while some of the workers were even threatened with beatings.28 Another news report highlighted that DOL identified violations in 82% of the H-2 visa cases it investigated in fiscal 2014.29 Government auditors have taken notice: A 2015 GAO report on the H-2A and H-2B programs is titled Increased Protections Needed for Foreign Workers.30. The employer can deduct the difference between the H-2B offered wage and the FLSA minimum wage multiplied by the number of hours worked per week, provided the deduction was properly disclosed to the worker in the job order.