THE LEGAL FOUNDATION AND PRINCIPLES
- The utilization of foreign labor is based on the fact that the US labor market does not have sufficient labor available to perform certain kinds of jobs.
- The United States Citizenship and Immigration (USCIS) and the Department of Labor (DOL) makes provision for a special class of temporary non-immigrant workers to fill these jobs in diverse industry and trade sectors.
- They approve the utilization of these workers based on a specially applied for and granted permit, called an H2-A permit. This permit is only for the agricultural sector.
- The positions applied for need to be clearly defined and described as a labor need, which arises due to a seasonal phenomenon or due to a distinctive peak period.
STEPS IN THE PROCESS
The first step is to fill out the Employer’s Application:
- To complete an application please call our office to request access credentials to our database.
When starting the online database application you will be required to pay a deposit.
- A printed copy of the application can also be filled out and mailed to:
686 Mauney Cove Rd.
Waynesville, NC 28786
- Remember that the total process usually takes about 90 days to complete, so you are encouraged to fill out the application ASAP and get the process started.
- When your application is received, we will prepare the various documents that need to be filed and mail them to you for your signature. After dating and signing these, you can return these by mail and we then begin the filing procedures.
The second step is to obtain a Labor Certification:
- To obtain a seasonal labor certification (H2A permit) from the Department of Labor (DOL) takes, at minimum, 8 weeks.
- This certification basically means that the DOL will grant you, as the employer, permission to employ foreign workers once they are convinced that you have seasonal/high peak worker positions available for which there is not enough suitable local labor.
- This phase of the application has further detailed steps with which we will assist you.
- It is important to note that an employer may only file one DOL application per legal entity, per year, per job description and it is therefore essential that the application is given enough thought, ensuring that it will provide for enough workers.
The third step is to get approval from the USCIS (formerly INS):
- Once the labor certification has been obtained, an application can be submitted to the USCIS for the issuing of the H2-A permit.
- This part of the process officially takes 30 to 120 days, but generally is a 2 and a half week process.
- The USCIS approval will be sent to a US Consulate in their home country where the consulate will issue the worker(s) an H2-A visa.
- The visa is valid for as long as the labor certification is granted (a minimum of 2 months and a maximum of 10 months), depending on the seasonal need.
While steps two and three are being done:
- The employer will want to prepare housing for his worker/s. Usually a state inspector comes out in the first 3 – 4 weeks to inspect and verify the housing arrangement (see Questions & Answers for more information).
- Advertising as required by the DOL is also done during this period. The employer can do it himself or request USAFARMLABOR, INC. to do it for him for a small fee and advertising costs.
- USAFARMLABOR’s recruiters are looking for workers whose skill set and experience most closely match your labor requirements. When several prospects have been found, you will be able to view their resumes online and make the final selection of the worker/s you feel are best suited for your needs.
- Travel arrangements must be made when the worker receives approval from the US Embassy in his country. USAFARMLABOR,INC. routinely handles this and coordinates the arrival pick up with the employer
When the worker/s arrive:
- A Letter of Employment must be provided within 48 hours after arrival to each worker and signed and kept 3 years.
- Worker should be reimbursed for travel subsistence of $12.09 per travel day as well as for all food purchased en route to your’ operation – if receipts are presented by the worker.
- The workers should be taken to obtain their Social Security cards within the first week of arrival to obtain a SS, otherwise the employer could be responsible for the taxes.
- The workers should be taken to obtain their CDL driver’s license within the first 2 weeks after arrival (if applicable and required).
- A copy of the following documents of each workers should be kept for your own records (for 3 years) as well as provided to USAFARMLABOR for our records (in case of a paper audit)
- A copy of the newly obtained driver’s license (Vehicle or CDL)
- A copy of the signed letter of Employment
- A copy of the signed arrival document concerning payment to agents
- A copy of the newly obtained Social Security card
- A copy of the worker’s passport
- A copy of the worker’s Visa
- A copy of the worker’s I-94 card
- Most important – pay slips for each pay period in the format set forth by the DOL.
USAFARMLABOR, INC. commits to best serve our clients by managing:
THE RECRUITING PROCESS
THE DEPARTMENT OF LABOR CERTIFICATION PROCESS
THE USCIS PROCESS
THE TRAVEL PROCESS
IF YOU HAVE ANY QUESTIONS REGARDING THE PROCESS, PLEASE CONTACT USAFARMLABOR, INC.:
Toll-free #: 855-422-3276
OUR LABOR REVOLVES AROUND YOUR NEEDS!!!