Inbound & Outbound Expenses: If not previously advanced or otherwise provided, the employer must reimburse workers for reasonable costs incurred for inbound transportation and subsistence costs once the worker completes 50% of the work contract period. In their H-2A applications, H-2ALCs required to be registered under MSPA are obligated to provide their respective MSPA FLC Certificate of Registration number and to identify the farm labor contracting activities they are authorized to perform. H-2A workers and domestic workers in corresponding employment must be paid special rates of pay that vary by locality, must be provided housing and transportation from that housing to the job site if their employment requires them to be away from their residence overnight, and must be guaranteed an offer of employment for a total number of hours equal to at least 75% of the work period specified in the contract. The employer will report the compensation in box 1 (Wages, tips and other compensation) of Form W-2. A. Contract impossibility. The following general categories of individuals or organizations may import foreign workers under the H2A visa: a. Concerns Meeting Employer Requirements. Employers are not required to withhold federal income tax from payments to H-2A workers unless the H-2A worker neglects or refuses to give his/her SSN or ITIN to the employer. The IRS requires deposits to be specifically identified. August 20, 2020 - Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities. Fact Sheet #77D - Retaliation Prohibited under the H-2A Temporary Visa Program. Below is a table that reflects the adjustments that have occurred for penalties under this statute. #block-googletagmanagerheader .field { padding-bottom:0 !important; } For H-2A workers, supporting documentation may be readily available, since housing is furnished by the employer, and they will have payroll records that would document if the employee has a bank in the U.S., and other relevant factors” he adds. .agency-blurb-container .agency_blurb.background--light { padding: 0; } @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Under the regulations currently in effect, an employer seeking H-2A workers generally initiates the labor market test by filing an Agricultural and Food Processing Clearance Order, Form ETA-790 (job order) with the SWA in the area where it seeks to employ H-2A workers. 1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, H-2A: Temporary Agricultural Employment of Foreign Workers, H-2A Worker Rights Card - English Version (PDF), H-2A Worker Rights Card - Spanish Version (PDF), ETA-OFLC H-2A Rule Briefing Presentation 2010, Section 1188 — Admission of Temporary H-2A Workers, Severe Storm and Flood Recovery Assistance. .manual-search-block #edit-actions--2 {order:2;} The TWC Foreign Labor Certification unit is a Texas employer’s first point of contact for worker recruitment for H-2A temporary agricultural job opportunities in Texas. .usa-footer .grid-container {padding-left: 30px!important;} Federal government websites often end in .gov or .mil. EMPLOYMENT: DOL establishes the applicable H2A wage rate, Adverse Effect Wage Rate (AEWR), state prevailing wage rate, or the federal minimum rate to both US and H2A workers. If during the total work contract period the employer does not offer sufficient workdays to the H-2A or corresponding workers to reach the total amount required to meet the three-fourths guarantee, the employer must pay such workers the amount they would have earned had they actually worked for the guaranteed number of workdays. These are only general guidelines. The employer will pay workers who weren’t offered sufficient hours. •ACA Employer Shared Responsibility Regulations specifically decline to exclude H-2A workers from definition of employee for group health plan coverage requirements •No exceptions in IRC or ERISA relating to benefits provisions that exempt H-2A workers from requirements applicable to all employees 5 Close All Open All Who May Qualify for H-2A Classification? /*-->*/. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} If the H-2A worker provides his/her SSN or However, you do not have to manage these requirements … . The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. Beginning in calendar year 2011, an employer must report compensation of $600 or more paid to an H-2A agricultural worker on Form W-2, Wage and Tax Statement, and NOT on Form 1099-MISC, Miscellaneous Income, as required in previous years. The employer will not withhold any income tax on the payment unless the employee neglects to produce their SSN or ITIN number. The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. .h1 {font-family:'Merriweather';font-weight:700;} [CDATA[/* >*/. In its job offer to U.S. and H-2A workers, the employer either must offer and state that it will provide each worker with three (3) meals a day or must state that it will furnish free and convenient cooking and kitchen facilities to the workers that will enable the workers to prepare their own meals. Employers must provide free housing to all non-local workers. The shelter must provide protection from the elements. .cd-main-content p, blockquote {margin-bottom:1em;} Fact Sheet #26 - general information concerning the application of the H-2A requirements to the agricultural industry for H-2A applications submitted on or after March 15, 2010. An employee (including a self-employed individual) who: earned at least $5,000 in compensation during any 2 years before the current calendar year and expects to receive at least $5,000 during the current calendar year. On January 15, 2021, the U.S. Department of Labor (Department) announced and posted on the Office of Foreign Labor Certification’s website a forthcoming final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (RIN 1205-AB89), pending publication in the Federal Register with a 30-day delayed effective date. June 2, 2020 – Interim Guidance for Agricultural Workers and Employers from CDC and the U.S. Department of Labor. While H-2A does not require labor contractors to register as such with the Department, any person who is subject to MSPA as a Farm Labor Contractor (FLC) must register with the Department and be issued an FLC Certificate of Registration prior to engaging in any farm labor contracting activity.
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