Our Story
H-2A visa placement program for agricultural businesses to employ dependable, hardworking, seasonal labor. International Workforce LLC prepares all the paperwork and handles the entire process with Job Service, the Department of Labor, and Homeland Security. We get through all the red tape for you!
Our Services
Recruitment of Workers / Visa Program Processing
- Develop customized application materials tailored to your specific seasonal labor needs.
- Interface with state and federal agencies to ensure timely approval of your application.
- Provide comprehensive guidance on your ongoing compliance obligations.
Program Requirements
You may employ H-2A workers for up to 10 consecutive months within a single area of employment
The exception is transfers. Workers may transfer between H-2A employers for up to three years, after which they must depart the U.S. for a minimum of three months before becoming eligible for a new visa.
What is the employer responsible for?
Employer is responsible for reimbursement to the workers embassy fees, within 2 weeks of arrival. Travel expenses to the U.S. are reimbursed once 50% of the work contract is completed. Travel expenses back to their home country are reimbursed once they have completed 75% of the work contract.
- Worker’s Compensation is required.
- Housing is supplied by the employer.
- Transportation is supplied by the employer at no cost to the worker. Expenses include inbound from the airport, outbound to the airport, to and from work and to/from grocery store once a week during their employment.
- Wage Rate is determined by the AEWR (Adverse Effect Wage Rate) which is set by the government.
- Three-Fourths Guarantee Rule – Employers must guarantee workers, employment hours equal to at least 75% of the workdays in the contract period. The employer will pay workers who weren’t offered sufficient hours.
Taxation To Workers
Workers are required to file a U.S. federal income tax return for the year of employment. An employer can withhold federal income taxes if both the worker and the employer agree to the withholding. For agreed-upon withholding, the worker must complete Form W-4: Employee's Withholding Certificate, and submit to the employer.
H-2A workers are not required to pay Social Security and Medicare taxes on their U.S. wages. Therefore the employer is not required to pay these taxes for the worker.
What is the process for an H-2A application?
International Workforce LLC files your ETA 790 – Agricultural and Food Processing Clearance Order (“job order”) with your local State Workforce Agency (SWA). The SWA reviews the job order to determine if it meets all applicable requirements and complies with state law. The SWA then issues a Notice of Acceptance and opens your job order for local (interstate) U.S. recruitment.
Next, International Workforce LLC files your ETA 9142 – Application for Temporary Employment Certification with the U.S. Department of Labor (DOL). DOL reviews the application to determine if it meets applicable requirements and complies with federal law. DOL then issues a Notice of Acceptance and provides instructions for recruiting U.S. workers from other states. International Workforce LLC will prepare a report documenting your recruitment efforts and submit with your proof of worker’s compensation. After receipt of this initial recruitment report, DOL issues your labor certification.
Finally, International Workforce LLC files your I-129 – Petition for a Nonimmigrant Worker with U.S. Citizenship and Immigration Services (USCIS), an agency of the U.S. Department of Homeland Security. USCIS reviews the visa petition and the labor certification issued by DOL to determine if you have satisfied the H-2A program requirements. Approval from USCIS will then allow International Workforce LLC to issue needed documents for your prospective workers to take to their U.S. Consulate or Embassy in their home country for visa interview.
Where are H-2A workers permitted to work?
Your H-2A workers can perform work at any worksite that you own or operate, as long as the worksites are disclosed in your application and are within normal commuting distance from the workers’ housing. Workers cannot perform work at any worksites owned or operated by another employer unless you are an H-2A Labor Contractor (H-2ALC) and satisfy applicable H-2ALC requirements.
In most cases, fixed-site H-2A employers are limited to a single “area of intended employment” per H-2A application. Although the regulations do not provide a specific distance limitation, the area of intended employment generally includes all work locations within your Metropolitan Statistical Area (MSA) and any other work locations within normal commuting distance. As a general rule, this would include locations within a one hour drive of workers’ housing.
In certain circumstances, fixed-site employers may be able to operate in more than one area of intended employment without filing multiple applications. Additionally, certain categories of employers (i.e. custom combine operators) qualify for special regulatory variances that allow itinerant work across multiple areas of intended employment.
Fees
- Processing Fee - $1,000 including I-129 petition / $250 Additional I-129 Petition
- Placement Fee - $750 per worker placed
- Department of Labor Fee - $100 +$10 per worker applied for
- Homeland Fee - $460 per petition
- Recuiting Fee - $350 per worker
- Recuiting Assistance Fee - $175 per worker
- Adverse Effect Wage Rate (issued by the DOL at the beginning of each year)
