AgWorks has developed a user-friendly system to help you navigate the H-2B program’s numerous complexities. Your dedicated case manager will keep you informed every step of the way. Below are some of the program requirements of most concern to a new user of the H-2B program:
Congress sets a 66,000 annual limit or “cap” on newly issued H-2B visas. Up to 33,000 H-2B visas are available to employers with start dates between October 1st and March 31st. The remaining 33,000 H-2B visas, plus any carryover from the first half, are available to employers with start dates between April 1st and September 30th. The cap continues to be a significant challenge for H-2B employers, as the demand for visas greatly exceeds the supply.
You must have full-time job opportunities for all workers requested during your temporary peakload or recurring seasonal employment period of nine months or less. A provision for a one-time non-recurring need is also available.
Except under extremely limited circumstances, you must afford all U.S. workers, performing the same or substantially similar work as foreign workers, the same terms and conditions of employment, including the H-2B wage rate.
You must guarantee to offer each covered worker employment for a total number of hours equal to at least 75% of the workdays in each twelve or six-week period of the employment period, whichever is applicable.
You must actively recruit U.S. workers, and offer employment to all qualified applicants up until 21 days before the employment start date, or until a positive recruitment period has ended, whichever is later.
Federal law prohibits anyone from seeking or receiving compensation of any kind from prospective employees in consideration of employment.
You must offer and pay a prevailing wage set by the federal government. The prevailing wage may be based on an average for the occupation in your area of intended employment, a private survey, a collective bargaining agreement, or the federal, state or local minimum wage.
You must provide, pay in advance, or reimburse non-local workers’ reasonable inbound and outbound travel costs. This may include the reasonable cost of transportation to and from the worker’s home, a daily subsistence allowance for meals, overnight lodging and visa issuance costs. You must also provide outbound costs in the event a worker is terminated.
You must furnish, at no cost to the worker, all tools and supplies necessary to perform the work.
AgWorks Helps You Navigate the Complex H-2B Process
AgWorks is the premier H-2B agent providing personal, expert and ethical services for U.S. employers who depend on seasonal or temporary labor in an era of increasing labor complexity.
We can breathe a little easier at night knowing AgWorks has our back. Their experienced staff provides us with a worry-free service, handling all the details for us so that we only have to proof read, approve and sign.
Vegetable Grower, GA
AgWorks handled all the paperwork and legal hassles and we have had the most profitable year in our 20 years in business. AgWorks handled everything and made it hassle free. I look forward to next year knowing my labor problems are a thing of the past.
Wholesale Horticultural Grower, GA
Using H2 program and AgWorks we have been able to increase production on our farm. With AgWorks taking care of most of the paperwork to get these workers here, it allows me to do what I love, farming.
Vegetable and Fruit Grower, GA
AgWorks has an excellent staff that keeps us updated on the continuously changing laws of the program… without the H2A program, we would not have the work force needed to gather our nearly 4000 acres of vegetables.
Vegetable Grower, GA
I was told Agworks was the best, and Dan’s experience in this field gives them a competitive edge. After one season I can see why. I don’t believe I have ever worked with any company who is as thorough and prompt.
Fruit and Vegetable Grower, AL
We rely heavily on AgWorks to keep us abreast of changes and guide us safely through the various processes. AgWorks staff is friendly, professional, knowledgeable, and a pleasure to work with. We regularly recommend AgWorks for anyone contemplating using the H2A program.
Horticultural Grower, LA
AgWorks takes all the confusion of migrant worker programs and turns it into a well-organized, step-by-step process. The convenience of knowing when to do what and the assurance of having an agent to help you through each step are invaluable.
Greenhouse Grower, NJ
Without the program and AgWorks, we would be out of business. My experience with AgWorks has been more than positive. They always answer the phone and make sound recommendations.