H2-B PROGRAM
H2-B Program Description
H-2B program description:
This program allows employers wishing to hire foreign workers in temporary non-agricultural occupations such as construction, landscaping or hospitality for a period not to exceed 9 months. The US Department of Labor allows 66,000 new employees per year broken out semi-annually. Timing is critical during this process and my take 4-6 months to complete the process.
TEMPORARY EMPLOYMENT:
An H2B temporary non-agricultural worker is an immigrant worker who is coming to the U.S. to perform temporary services or labor. The employer's need for the services or labor shall be either:
- A one-time occurrence: The employer has not employed workers to perform the services or labor in the past and the employer will not need workers to perform the services or labor in the future. The employer has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
- Seasonal need: The employer must establish that the services or labor are traditionally tied to a season of the year by a temporary event or pattern and is of a recurring nature. For example, landscaping cannot be performed during the winter months because the ground is to cold or housekeepers are not needed during the winters months at a ski resort.
- Peak-load need: The employer must establish that it regularly employs permanent workers to perform the services or labor, and it needs to supplement its permanent staff on a temporary basis due to seasonal or short-term demands with temporary employees who will not become a part of the regular operations.
- Intermittent need: The employer must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary workers for short periods.
VALIDITY PERIOD:
The H2B Labor Certification Application shall be valid for up to 364 days, depending on the employers need, however, US Department of Labor regulation states no more than 9-months. Also, employers must guarantee the employees at least three-quarters of their contract average out by six or twelve weeks depending on the length of the contract.
REQUIREMENTS
The H-2B program is governed by complex laws and regulations. LOS VOLCANES provides front-end compliance guidance and advice on H-2B program requirements, including:
H-2B Visa Cap.
Federal law currently limits issuance of H-2B visas to 66,000 per year (33,000 for each half fiscal year, beginning October 1 and April 1, respectively). Demand for H-2B visas greatly exceeds that limited supply. LOS VOLCANES devotes considerable time, effort, and resources to minimizing our clients’ cap risk. We developed sophisticated quality assurance procedures to ensure complete and accurate application materials, and consistently advocate for program reform. On October 12th the US government gave 20,000 visas exclusively to people from Haiti, El Salvador, Honduras, and GUATEMALA.
Recruiting.
Employers must conduct local U.S. worker recruitment by advertising the job opportunity online and internally at your place of business, contacting former employees, and accepting State Workforce Agency (SWA) referrals. LOS VOLCANES helps ensure you meet all domestic recruiting obligations.
Transportation.
Employers must pay H-2B workers’ transportation costs to the employment location and back to their homes at the end of the season. Our preferred foreign worker facilitators help arrange least-cost transportation and LOS VOLCANES provides detailed travel reimbursement guidance.
Wages.
Employers must pay H-2B workers a government-mandated wage rate. LOS VOLCANES obtains a prevailing wage determination on your behalf.