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This document provides guidance and answers to frequently asked questions regarding the H-2A Temporary Agricultural Foreign Labor Certification program, including employer obligations, job qualifications,
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How to fill out h-2a temporary agricultural foreign
How to fill out H-2A Temporary Agricultural Foreign Labor Certification Program FAQs
01
Gather necessary information about the job and employer.
02
Determine eligibility requirements for H-2A certification.
03
Complete the Form ETA-9142A and provide all required documentation.
04
Submit the application to the Department of Labor and await a determination.
05
Respond to any inquiries or requests for additional information from the Department.
06
Once approved, notify potential foreign workers about the availability of the job.
Who needs H-2A Temporary Agricultural Foreign Labor Certification Program FAQs?
01
Agricultural employers seeking temporary foreign labor for seasonal work.
02
Farm owners and managers requiring additional workforce to meet peak production needs.
03
Employers looking to comply with U.S. labor laws when hiring foreign workers.
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People Also Ask about
What is the 50 percent rule for H-2A?
Specifically, an H-2A employer is responsible for providing, paying in advance, or reimbursing a worker for the reasonable costs incurred by the worker for transportation and daily travel-related subsistence from the place from which the worker has come to work for the employer, if the worker completes 50 percent of
What are the rules for H-2A workers?
The employer should file the H-2A petition with USCIS at least 30-60 days but not more than 120 days before the worker is needed. The employer must allow enough processing time for delays and correction of application errors, however, USCIS does aim to have H-2A petitions processed within 15 days.
What does the H-2A visa program require farmers to do?
Workers employed under the H-2A program must be paid special rates of pay that vary by locality, must be provided with safe and clean housing and safe transportation from that housing to the job site if their employment requires them to be away from their residence overnight, and must be guaranteed employment for a
What are H-2A workers allowed to do?
The H-2A temporary agricultural program helps employers who anticipate a lack of available domestic workers to bring foreign workers to the U.S. to perform temporary or seasonal agricultural work including, but not limited to, planting, cultivating, or harvesting labor.
How long does the H-2A process take?
Generally, your employer must offer you employment for a total number of hours equal to at least 3/4 of the workdays in each 12-week period.
Can H-2A workers bring their families?
An H-2A worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.
Do H-2A workers get benefits?
Under the federal Patient Protection and Affordable Care Act (ACA), H-2A visa holders are eligible to enroll in Qualified Health Plans. Depending on income level, they may also be eligible for federal tax credits to reduce the monthly premium and cost-sharing reductions to help lower the cost of health care services.
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What is H-2A Temporary Agricultural Foreign Labor Certification Program FAQs?
The H-2A program allows U.S. employers to bring foreign workers to the United States to fill temporary agricultural jobs when there are not enough domestic workers available.
Who is required to file H-2A Temporary Agricultural Foreign Labor Certification Program FAQs?
U.S. employers seeking to employ foreign workers for temporary agricultural work must file the H-2A application, demonstrating the need for foreign labor.
How to fill out H-2A Temporary Agricultural Foreign Labor Certification Program FAQs?
Employers must complete the application form accurately, provide details about the job, working conditions, and the number of workers needed, and submit it to the relevant state workforce agency.
What is the purpose of H-2A Temporary Agricultural Foreign Labor Certification Program FAQs?
The purpose of the H-2A program is to ensure that U.S. farms can obtain labor necessary for agricultural production while protecting the interests of U.S. workers.
What information must be reported on H-2A Temporary Agricultural Foreign Labor Certification Program FAQs?
Employers must report job descriptions, wages offered, work conditions, number of positions needed, duration of work, and evidence of recruitment efforts for domestic workers.
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