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H-2A Visa - Frequently Asked Questions

26.

Is there any additional information about H-2A visa?

You must keep in mind the following:

  • Workers Compensation Insurance: The employer must provide workers compensation insurance where it is required by state law. Where state law does not require it, the employer must provide equivalent insurance for all workers. Proof of insurance coverage must be provided to the regional administrator before certification is granted
  • Tools and Supplies: The employer must furnish at no cost to the worker all tools and supplies necessary to carry out the work, unless it is common practice in the area and occupation for the worker to provide certain items
  • Three-Fourths Guarantee: The employer must guarantee to offer each worker employment for at least three-fourths of the workdays in the work contract period and any extensions. If the employer affords less employment, then the employer must pay the amount which the worker would have earned had the worker been employed the guaranteed number of days
  • Fifty Per cent Rule: The employer must hire any qualified and eligible U.S. worker who applies for a job until 50 percent of the period of the work contract has elapsed
  • Labor Dispute: The employer must assure that the job opportunity for which H-2A certification is being requested is not vacant because the former occupant is on strike or is being locked out in the course of a labor dispute
  • Certification Fee: A fee will be charged to an employer granted temporary, foreign agricultural, labor certification. The fee is $100, plus $10 for each job opportunity certified, up to a maximum fee of $1,000 for each certification granted
  • Other Conditions: The employer must keep accurate records with respect to a worker's earnings. The worker must be provided with a complete statement of hours worked and related earnings on each payday. The employer must pay the worker at least twice monthly or more frequently if it is the prevailing practice to do so. The employer must provide a copy of a work contract or the job order to each worker

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27.

What needs to be done in situation of violations/penalties and sanctions?

A major consideration of IRCA is the enforcement of all provisions related to protections for workers. The Employment Standards Administration (ESA) of DOL has a primary role in investigating the terms and conditions of employment. ESA is responsible for enforcing contractual obligations of employers, and may assess civil monetary penalties and recover unpaid wages. ETA will enforce other aspects of the laws and regulations and will be responsible for administering sanctions for violations of the regulations.

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