The H2A visa is meant to allow U.S. employers to fill desired jobs in the US with temporary foreign workers. The USCIS has set special stipulations in place to make sure that employees using these visas aren’t imposed with unfair fees in order to have the right to work in the U.S. through a group such as an H2A employment agency. This makes it so certain kinds of fees can’t be taken from H2A workers.
It’s crucial to keep this in mind during specific times of the year. This way you’ll know to anticipate the petitions delays that could affect time-sensitive roles you need to be filled—especially as harvest time is approached. To avoid delays, those who need to hire workers through an H2A visa must make sure that their requests are finished. The petitions should also cover any details of fees received from H2A visa holders and recruitment work the employer completed to get U.S. employees for the job. When appealing for H2A workers, employers must file Form I-129.
Section 3 in the H Classification Supplement of the form includes questions regarding fees in issues 7-9. Employers should understand that H2A employees can’t be asked to pay for any of the following kinds of expenses:
• Banned fees under DOL laws
• Petition fees
• Recruitment fees
• Lawyer and legal expenses
• Expenese that are dependent on employment (including any fees and costs indirectly collected) Other expenses may be banned for H2A employees as well. Depending on your answers provided on Form I-129, the USCIS can judge the admissibility if fees were charged.
It’s a good idea to add further information or documentation about any expenses detailed in the H Classification Supplement, but added information isn’t obligatory. Employers should also bear in mind that their form might be rejected if they made use of any employment service, facilitator recruiter or additional service that charged forbidden fees to H2A workers as well.
It’s vital to work with recruiters and services using transparent methods. It’s good for employers to make reasonable queries about any charged fees from employment services or recruiters to H2A employees.