REQUIRED US DEPARTMENT OF LABOR POSTERS
All employers are required to display various employment-related posters at the worksite. In addition to the standard posters and notices, H2A and H2B employers are required to post additional notices.
US Department of Labor Workplace Posters Page: https://www.dol.gov/general/topics/posters
H2A PROGRAM posters based on the language spoken by your workforce (Not a complete listing).
H2B PROGRAM posters based on the language spoken by your workforce (Not a complete listing).
Additional DOL Guidance
General employment laws applicable to your business:
Posters applicable to your business:
The Migrant and Season Worker Protection Act (MSPA) applicable to agricultural employers:
What is an H2 Agent or Attorney?
The H2A and H2B programs are complex. Understanding the various rules and regulations, following the proper filing procedures and timetables is critical for you as an employer.
Not understanding, cutting corners, not following rules can be extremely costly for you and your business if your application is denied or if you are subject to a DOL Wage and Hour investigation or similar state audit.
Hiring an agent or attorney that specializes in the H2 application process and visa application process to guide you along the way, work with you on establishing compliance standards and working with you during audits and investigations is extremely important.
H2B Job Board does not endorse any specific agent or attorney to assist employers with H2B Filings. The following are members in good standing with the Seasonal Employment Alliance:
JKJ Workforce Agency – JKJ Workforce is one of the most established and respected Foreign Labor Consultant and Facilitator Firms in existence, specializing in the H2B Visa process for complex mobile or itinerant seasonal businesses, as well as more traditional seasonal businesses in hospitality, landscaping and pet boarding/grooming.
We are a one-stop shop, assisting employers in navigating the USDOL ETA, USCIS, DOS and DHS processes in obtaining a stable, legal, seasonal foreign workforce to augment their current US Workforce. We follow up with scheduling selected workers for consular processing and provide compliance guidance to the employer.
We also assist worker applicants with the complicated process of consular scheduling and processing, Department of State DS-160 completion, fee payment and transportation.
Hola Labor – 200-word description and link to webpage, plus business name and address, email and phone number.
What is a Consular Services Agent?
Once your H2A or H2B application has been approved by the Department of Labor and your petition for temporary seasonal foreign workers has been approved by Homeland Security, you next enter a complex consular processing process that includes registering the approved petition with the Department of State, properly filling out the online application form for each individual beneficiary, scheduling and paying for the visa appointments, and the navigating the logistics of document delivery to the various agencies at the proper time.
In addition, an experienced consular services agent can advise the employer if there are red flags in a worker application that may prohibit the applicant from obtaining a visa, thereby saving both the worker and the employer time and funds that would be lost with a visa denial. With additional restrictions as a result of the covid-19 pandemic and Presidential Executive Orders disrupting regular visa issuance and border crossings, an experienced Consular Services Agent can be the difference between success and failure in getting your workers processed and obtaining visas. Just because you were able to handle this last year does not mean you will be able to handle the “new abnormal”.
No US Government Agency certifies or provides any sort of license or stamp of approval to any Consular Services Agent. If a Consular Services Agent states that they are certified, preferred, approved by, or have a special relationship with, the US Government or a specific US Consulate, you should be wary.
H2B Job Board does not endorse any specific consular service agencies. The following agencies have registered with the H2JobBoard: TBA
What is a Foreign Recruiter?
A foreign recruiter is typically defined as a person or agency that recruits prospective workers in a foreign country for a U.S. employer. There is such a demand for employment in the USA that a large number of fraudulent foreign recruiters have sprung up, promising labor to employers. These fraudulent recruiters typically prey on both employers and workers by charging improper fees and not providing promised services. Be wary of anything that sounds too good to be true. Ask lots of questions about the process and ask for references if you are approached by someone offering to provide you with labor.
The H2A and H2B programs specifically prohibit an employer or their agent from charging fees to a worker in order to obtain employment, and employers can be held liable if they engage a foreign recruiter who improperly charges fees to workers.
No US Government Agency certifies or provides any sort of license or stamp of approval to any Foreign Recruiter. If a Foreign Recruiter states that they are certified, preferred or approved in any way by the US Government or a specific US Consulate, you should be wary.
There are many excellent foreign recruiters who may also assist with consular processing services. Employers must be very careful when they select a foreign recruiter to ensure that they are reputable.
Many employers rely upon their current foreign workers to recommend additional workers to fill vacancies, but this is not always wise. Current workers have limited contacts and will frequently recommend family and friends who may need the employment, but that does not mean that they are the best possible candidate for the job. Having a workforce that is largely comprised of workers who are related can also create an unprofessional environment and create other complications in the employer-employee relationship.
Workers who are recruited for H2 employment are forbidden by the US Government from paying any fees to obtain the job. They cannot pay the employer, the recruiter, an agent, or even a family member. If there is a payment and the employer knew or “should have known” about the payment, there are substantial fines and penalties for the employer.
Employers need to proactively confirm that their employees have not paid or promised to pay anyone any recruitment or similar fees in order to secure or continue employment.
The employer can help avoid fee paying arrangements by utilizing a trusted foreign recruiter and by using a website such as this one, H2JobBoard.Com, that candidates are able to use free of charge.
The US Department of Labor Office of Foreign Labor Certification (OFLC) publishes public disclosure data for foreign labor recruiters as outlined in 20 CFR 655.9(c) . The list contains the name and location of persons or entities identified on Appendix C of the Form ETA-9142B that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective H-2B workers to perform the work described on their H-2B application.
The US Department of Labor does not endorse any foreign labor agent or recruiter included in the Foreign Labor Recruiter List, nor does inclusion on this list signify that the recruiter is in compliance with the H-2B program.
H2B Job Board does not endorse any specific foreign recruiters, agencies, associations or contractors. The following agencies have registered with the H2JobBoard:
ARE YOU BEING AUDITED OR INVESTIGATED BY DOL?
If your company has been targeted for a DOL audit either by the Chicago National Processing Center (CNPC) or by the Wage and Hour Division (WHD), you must take the audit seriously.
Do not respond directly to a request for documentation or answer any questions prior to contacting your agent or attorney.
ADDITIONAL RESOURCES FOR H2B EMPLOYERS:
SEASONAL EMPLOYMENT ALLIANCE (SEA)
The Seasonal Employment Alliance (SEA) was founded in 2017 to focus grassroots advocacy of the H2 programs with the legislative and executive branches of the federal government.
SEA is a dedicated, first-class support team for the H-2 community, with focus on education and advocacy.
SEA has made tremendous progress including doubled the number of supporters of the H2B program in the House and Senate, obtained cap relief language in the FY19 and FY20 DHS Appropriations Bills and has continued to advocate and educate to improve the integrity and viability of the H2 programs. For more information on SEA and how you can become a member and part of this effort:
H2B WORKFORCE COALITION