The H2A program was created by our government,as means to assist agricultural employers who are experiencing a shortage in domestic labor. Via the H2A program, the US employer can legally employ foreign workers for a seasonal or temporary need.
What do I need to do to start the process?
Contact Southern Impact to discuss your labor needs. Describe your business and the positions that need to be filled in order for your operation to be successful. Southern Impact will send you the appropriate application to begin the certification process.
How soon do I need to apply?
Southern Impact recommends employers contact us 3-4 months prior to the date workers are needed.
Is there considerable paperwork involved in the process of getting an employee?
Southern Impact's application forms are user friendly and require only the information needed to gain approval for the H2A program. Southern Impact handles the DOL and USCIS applications for you.
How soon can I expect my approval?
H2A applications generally get through the process within 45-60 days.
For how long is an H2A valid?
DOL will approve H2A labor certifications for up to 10 months, as long as you have a legitimate seasonal need.
What are the wage requirements?
Wage requirements are set by the DOL and vary from state to state. Southern Impact will provide you with wage information for your area.
Are H2A workers subject to taxation?
H2A workers are exempt from US Social Security and Medicare taxes. In addition, payments made to H2A alien agricultural workers are not considered to be "wages" for the purpose of Federal income tax withholding. The employer must, however, issue a Form W-2 if the amount paid to the H2A worker during the calendar year equals or exceeds $600.
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Can my H2A workers work for other employers?
No, H2A workers are issued an H2A visa that is employer specific for a set period of time. It is not valid for any other employment.
What are the employer's requirements to employ H2A workers?
The employer is required to place newspaper ads in an attempt to recruit US workers who are able, willing, and qualified to perform the job and must cooperate with the State Workforce Agency in the referral of US workers. Southern Impact facilitates the advertising requirement as part of our services to the employer, following DOL requirements.
The employer must provide free housing to workers who are not reasonably able to return to their residences that same day. Such housing must be inspected and approved by the State Workforce Agency prior to DOL approval.
The employer must provide free and convenient cooking facilities to the workers so they may prepare their own meals OR provide three meals per day to the workers. If the employer elects to provide three meals per day to the workers, he may charge the worker(s) a certain amount per day for the meals.
The employer must pay the worker for costs incurred by the worker from the place of recruitment to the place of employment when one-half of the work contract is complete. Upon completion of the entire contract, the employer shall pay for the worker's transportation and daily subsistence from the place of employment to the place from which the worker came.
The employer must also provide free transportation between the provided housing and the worksite.
Worker's Compensation Insurance
The employer must provide worker's compensation insurance where required by state law. If not required by state, the employer must provide equivalent insurance to workers.
Tools & Supplies
The employer must provide the tools necessary to perform the job duties at no cost to the workers.
The employer must guarantee employment for at least three-fourths of the workdays of the work contract.
**This is not intended to be a comprehensive list of H2A requirements. Other conditions apply and may vary depending on the nature of the employer’s business.