Do you understand the revised rules for temporary worker visas?
February 18, 2009 by Carol KatarskyPosted in: Best practices, Hiring & training staff, Latest news & views, Tax compliance
The process has been streamlined, but the feds are also making it more costly for companies that make mistakes. Here’s what you need to know. H2-A (temp agricultural) workers
Effective Jan. 17 of this year, employers must file H2-A applications with the federal Employment and Training Administration, not with state agencies, as was previously the case. Hiring companies will also have to look for domestic workers for a longer period before they can apply for H2-As. The feds are also ramping up enforcement of the rules with audits, increased fines and other tools.
H2-B (temp non-agricultural) workers
Since Jan. 18, these applications must be submitted to the DOL and prevailing wage determinations will be handled by the feds. Previously, both tasks were done by state agencies. Employers will also need to have two job ads as part of their recruitment efforts — at least one of which must appear on a Sunday. The feds have increased enforcement options, including targeted and random audits, adverse rulings, fines, back wage awards, and more.
You can read all the details on the new rules by downloading these for H2-A workers and H-2B workers.
