H2B Program (Non-Agricultural)

The H2B Program provides a solution to the current labor market shortage by enabling companies that qualify for the federal H2B program to acquire seasonal migrant labor to come and work for only those companies on a legal work permit.

FEWA helps companies across America tap into the labor market of the world. Employer members have brought labor in from Mexico, El Salvador, Guatemala, Belize, Dominican Republic, Costa Rica, Brazil, Hungary, Norway, and the United Kingdom-Scotland, to mention a few.

For more information on the H2B program, please fill out The Information Request Form, or call toll free 1-877-H2B-FEWA.

The FEWA H2B Membership includes:

• Individual Guide that is dedicated to assisting you throughout the process.

• Filing assistance for all the government forms required to certify an employer to bring in seasonal labor needed to meet peek market demand.

• The "members only" reference E-Guide Book

• Bilingual staff to help explain the program to domestic and foreign workers.

• World Wide assistance in facilitating workers arrival to the U.S.

• Unparalleled commitment to service.

• Association Staff Counsel for your H2B legal needs.

Overview

Source: United States Department of Labor

A company who is having difficulty in securing local workers for their workforce needs must first apply to the U.S. Department of Labor for a "Labor Certification." This is to certify that the employer is offering terms and conditions of employment that will not adversely affect similarly employed U.S. workers and that sufficient qualified U.S. workers are not available at the time.

The application may not be filed more than 120 days before the date workers are needed and must be filed at least 60 days before the date workers are needed. The employer and the State Labor Department will attempt to recruit local workers in the United States. If U.S. workers cannot be found, a labor certification for the job opportunities that remain unfilled will be issued to a company.

Once a company receives the labor certification, they may petition the Bureau of Citizenship and Immigration Services for alien worker visas.

The employer must recruit foreign workers. When the company's petition is approved by the BCIS, the worker(s) recruited by the employer apply for visas to enter the United States at U.S. consulates abroad. The workers then legally enter the U.S. to work for the company receiving the certification.

Things to keep in mind about the H2B Program

It is not a way to "legalize" undocumented workers. U.S. Consulates have made it clear that they will reject applicants with a history of unlawful presence in the United States.

It is not a means by which to hire "cheap labor." It is a way to hire a stable, consistent and productive work force. Companies interested in using the H-2B program should be aware that the Department of Labor assigns the prevailing wage for the local labor market.

While extensions of H-2B visas may be necessary from time to time, the program is not a way to keep your employees in the United States on a permanent full-time basis. An H-2B visa is a temporary work visa.

It is not a way to avoid paying overtime, workers compensation insurance, or payroll taxes. H-2B workers are employees.

It is not easy or inexpensive. The H-2B process requires a coordinated effort on the part of FEWA staff and the individual FEWA member employers. Employer members may have to write letters or make phone calls to government agencies on very short notice.

It is not a program which you want to start late. It takes a minimum of 120 days to complete the process. If you need H-2B worker(s) at your place of business on March 1st, you should have all the necessary paperwork by September 15th to ensure that your application is filed with the Department of Labor NO LATER THAN November 1st.

Frequently Asked Questions Regarding the H-2B Program

How do I qualify for the H-2B Program? Basically, it is up to your company to demonstrate to the U.S. Department of Labor that you have either a seasonal, one-time, peak load or intermittent need for labor and that you are unable to find willing and available domestic workers to fill those positions.

How long does the H-2B process take? The process takes a minimum of 120 days.

Can an H-2B worker leave me and work for my competitor? No, an H-2B worker can only work for your company.

Where do foreign workers receive their visa and how long does it take? H-2B workers receive their visa at the U. S. Consulate/Embassy in their native country. Consular processing can typically take anywhere from one to three days. F.E.W.A. has offices in Monterrey, Mexico and can have staff or agents available in most Central American countries.

Am I required to supply housing for H-2B workers? No, the program does not have housing requirements. However, we recommend facilitating housing arrangements.

How do I find potential H-2B workers? Recruiting through family and friends of existing workers is the preferred and safest way to recruit.

If I join F.E.W.A. and participate in the H-2B program am I guaranteed H-2B workers? No. You may be unable to bring H-2B workers for the following reasons: 1) The Department of Labor may deny your application; 2) The United States Citizenship and Immigration Service (USCIS) may deny your petition; 3) The U.S. Consulate may deny the worker's visa application.

Am I too late to become a member of F.E.W.A.? No, however, FEWA only accepts a limited number of members annually in order to provide the highest quality service to our members.