Streamline Your H-2A Visa Process with Labor Consultants International

Department of Labor (Wage and Hour Division) has a regulation concerning “corresponding employment.” This means that any non H-2 worker employed by an employer that has a certified application who performs substantially the same work as the foreign worker have at least the same protections and benefits as those offered or provided to an H-2 worker.

In short, yes, any current, domestic workers you have doing the same work as the foreign workers have to make at least the same wage.

H-2A: Yes, you are required to house the workers at no cost to the foreign workers and the workers in corresponding employment who cannot reasonably return home at the end of the day. H-2A employers are also required to provide three meals per day or to furnish free and convenient cooking/kitchen facilities where meals can be prepared.

Learn more here.
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‍H-2B (all industries other than forestry/carnival): No, you are not required to provide housing, but you must assist in helping them find housing. Whether that be setting up hotels or a space they can rent, the workers will likely need assistance finding somewhere to live. Unlike H-2A, you do not have to provide meals or a kitchen.
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H-2B (Itinerant: Forestry/Carnival): Yes, all forestry and carnival type employers are required to pay housing throughout the duration of the job because it is seen as a benefit to the employer due to the nature of a mobile workforce. These employers are not required to cover or provide meal costs during the duration of the job like an H2A employer would.

Learn more about itinerant housing requirements here.

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DOL will classify the work you do into specific job codes. There are countless of job codes to look through, but there can only be ONE job code per application/certification.

FOR EXAMPLE: if you own a hotel and you need housekeepers, dishwashers, and an outdoor maintenance crew, you would need to file three separate applications to obtain certifications for those three very different jobs.

Each job code has different wages, and with each application, we have to explain the seasonality and need for the occupation within your business. It would be impossible to put three very different types of jobs onto one singular application.

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Your H2 workers will have the same taxes and deductions made from their paychecks as any domestic worker would. So yes, they do pay taxes!

DOL categorizes each job into a specific code. There are many different job codes for the A and B programs. Below are the more common job codes.

H-2A

• 45-2092.00 Farmworkers and Laborers, Crop, Nursery, and Greenhouse
• 45-2092.01 Nursery Workers
• 45-2092.02 Farmworkers and Laborers, Crop
• 45-2091.00 Agricultural Equipment Operators
• 45-2093.00 Farmworkers, Farm, Ranch, and Aquacultural Animals
• 45-2093.00 Beekeepers

H-2B

• 37-3011 Landscaping and Groundskeeping Workers
• 45-4011 Forest and Conservation Workers
• 35-2014 Cooks, Restaurant
• 37-2011 Janitors & Cleaners, (Except Maids & Housekeeping)
• 37-2012 Maids and Housekeeping Cleaners
• 39-3091 Amusement and Recreation Attendant
• 51-3022 Meat, Poultry, and Fish Cutters
• 47-2061 Construction Laborers
• 51-9198 Helpers, Production Workers

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Employers should stay informed about all H-2A regulations, maintain accurate records, provide proper wages and working conditions, and comply with housing and transportation requirements. Working with Labor Consultants International can also help ensure compliance.

Employers must prove that there are not enough U.S. workers available, willing, and qualified to perform the temporary agricultural work. They must also show that hiring H-2A workers will not negatively impact the wages and working conditions of U.S. workers. They must also provide housing for these employees.

H-2A workers can stay for the period of employment specified in the labor certification. Extensions can be requested, but the maximum stay for a worker is three years. An H-2A certification, however, is only valid for 10 months per employer barring an extension request.

No, there is no cap on H-2A visas.

The prevailing wage for H-2A employees is based on the Adverse Effect Wage Rate (AEWR) and differs per state.

H-2A visa holders can stay for the period specified in the labor certification, typically up to 10 months with the possibility of extensions.

Foreign workers from eligible countries who have a job offer for temporary or seasonal agricultural work from a U.S. employer can apply for an H-2A visa. The employer must also meet specific regulatory requirements.

The H-2A visa program allows U.S. agricultural employers to hire foreign workers for temporary or seasonal agricultural work when there are not enough U.S. workers available.

H-2A and H-2B visas are both temporary work visas in the United States, but they cater to different industries and job types. H-2A visas are designed for seasonal agricultural workers, addressing the labor needs of U.S. farmers during peak growing seasons. On the other hand, H-2B visas cater to non-agricultural, temporary work positions in various industries, such as hospitality, landscaping, and construction. The key distinction lies in the nature of the work – H-2A for agricultural and H-2B for non-agricultural sectors.