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H-2B

Temporary Non-Agricultural Workers H-2B

     

The H-2B visa program is available to U.S non-agricultural companies. This visa is only available for work that is temporary in nature and meets one of the following criterias:

  • Seasonal need: The service or labor to be performed is traditionally tied to a season of the year by an event or pattern and is of a recurring nature, i.e., amusement park work in the summer, or ski resort work in the winter. A business often “shuts-down” or does not employ workers for part of the year. 

  • Intermittent need: Has not employed permanent or full-time workers to perform the services or labor but occasionally or intermittently needs temporary workers to perform the services or labor for short periods.

  • Peak-load need: Regularly employs permanent workers to perform the services or labor at the place of employment; needs to supplement its permanent staff on a temporary basis due to a seasonal or short-term demand and additional staff will not become a part of the employer’s regular operation (i.e., permanent staff).

  • One-time occurrence need: Has not employed workers to perform the services or labor in the past and it will not need the workers to perform the services or labor in the future; an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for temporary workers.

                                                                                                                                                                                     

Employer Requirements

All non-agricultural US employers committing to the H-2B Visa Process must oblige to the following requirements:

  • Pay the offered wage as indicated on the Job Order. Wages should equal or exceeds the highest category of prevailing wage or Federal, State, or local minimum wage for all hours worked during the entire period of the job order. Employers must pay those wages free and clear.

  • Make all deductions from worker’s paycheck required by law. All deductions must be disclosed on the job order.

  • Provide workers with full-time employment of 35 hours per workweek. The employers must guarantee workers employment for a total number of work hours equal to at least 75% of the workdays in each 12-week period.

  • Keep accurate records of worker earnings, hours worked, hours offered, and pay stubs demonstrating all deductions from wages.

  • Reimburse or directly pay all foreign workers visa, border crossing, and visa-related expenses within the first workweek. 

  • Reimburse or directly pay all foreign workers for inbound transportation, meals, and/or lodging expenses within the first workweek.

  • Pay for the return transportation, meals, and/or lodging for any workers who work until the end of the job order or are dismissed from employment for any reason before the end of that period.

  • Provide workers with any tools, supplies, of equipment required to perform the job at no cost to the employee.

  • Follow all job recruiting requirements according to the regulations.

  • Assist workers in attaining affordable and proper housing (employers are not obligated by law to pay for housing in H-2B cases), and Social Security cards.

  • Create an environment that’s free of discrimination and retaliation and contains respect and comradery.

  • Provide documentation for Worker’s Compensation insurance in accordance with your state law.   

                                                                                                                                                                    

Who is eligible to participate in the H-2B program?

Any U.S. employer demonstrating a recurring seasonal or peak load labor need may utilize the H-2B program. Examples include:

Landscaping

Ski Resorts

Amusement Parks

Resorts and Hotels

Construction Laborers (painting, roofing, drywall, masonry, asphalt)

Manufacturing

Restaurants

Golf Resorts                                                                                                                                                                                                                                                                                                             

How to start the process?

Contact Navy Financial via phone or email to discuss your individual needs.

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