California Work Visas Attorneys
H1 “Temporary Work Visas” are Suitable For:
- Foreign agricultural workers with job offers from U.S. companies.
- U.S. companies hiring foreign workers to perform agricultural labor or services of a temporary or seasonal nature.
Requirements for an H2-A Work Visa
There are two general requirements to obtain workers on H2A visas. First of all, the employer must demonstrate that there are not sufficient, able, willing and qualified US workers available at the time and place needed. Second, the employer must show the use of foreign workers will not create an adverse effect on the wages or working conditions of similarly employed US workers in that geographical area. Farm workers generally receive either an hourly wage or are paid via “piece work.” That said, under the H2A program H-2A workers must be offered the same wages as US workers would receive for the same work. This has been interpreted to mean the higher of the following:
- The industry’s prevailing wage in that specific labor market.
- The state or federal minimum wage, or
- The “adverse effect wage rate”.
- NOTE: The adverse effect wage rate, or AEWR, is currently set at the prior year’s average hourly wage for agricultural and livestock workers determined by the Department of Agriculture.
Employers are required to provide H2A workers with a number of benefits.
- The employee must be provided with transportation to and from the worker’s temporary home to the workplace.
- When the contract period is up, the employer must provide the worker with transportation home or to their next workplace.
- Employers must provide housing to all H2A workers who do not commute. The housing must be inspected by the Department of Labor and must meet minimum federal standards for temporary labor camps.
- The employer must provide either three meals a day or facilities in which the worker can prepare food.
- The employer must provide any tools and supplies necessary to perform the work.
- The employer must also provide workers’ compensation insurance to all H2A workers.
If you need assistance with H1A Visas please call an California Immigration Attorney from The Law Office of Andy Miri who will speak with you or your companies’ HR department to discuss all of your available options.
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