FREQUENTLY ASKED QUESTIONS:

H-2A Program FAQs (Temporary Season Agricultural Worker)

H-2B Temporary Worker Program FAQs

Frequently Asked Questions Regarding the H-2A Program (Temporary Season Agricultural Worker)

What is a H-2A visa program?
The H-2A temporary agricultural visa establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. In the agricultural industry, many companies lack legal workers in the field of manual labor; therefore, Manpower Management provides legal, qualified and agricultural workers who are dedicated to work. The economic situations of these guest workers' countries are such that it makes it attractive to work in the US; they are willing to put in long hours, weeks and months to be able to get ahead upon returning to their homeland.

Temporary or seasonal nature means?
Employment performed at certain seasons of the year, usually in relation to the production and harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers is truly temporary.

What is the required time frame for filing an H-2A temporary labor certification application?
Employers are advised to file requests for H-2A certifications no less than 45 days but no more than 75 days from the date of need, before certification is needed.

Must the employer attempt to hire US worker to fill the jobs first?
Yes, the employer must agree to engage in recruitment of U.S. workers. Typically, this means an active effort, including newspaper.

What does the employer have to pay the workers?
The wage or rate of pay must be the same for U. S. workers and H-2A workers. The hourly rate must also be at least as high as the applicable Adverse Effect Wage Rate (AEWR), federal or state minimum wage, or the applicable prevailing hourly wage rate. Each H-2A employer must also guarantee that the worker will have work for at least 75% of the total hours in the contract period of need and is exempted from that by what are considered Acts of God.

Are H-2A employers required to provide Worker's Compensation Insurance?
Yes, the employer must provide Worker's Compensation Insurance where it is required by State law. In States where it is not required, the employer must provide equivalent insurance for all workers.

Do the H-2A employers have to provide housing for the workers?
Yes, free housing is required for all workers who are brought in to work. Housing requirements include an inspection by the State as required by the federal housing standards. Remember that this is safe, decent housing that you or your family would be able to live in.

Does the employer have to provide meals?
No, the employer must provide free and convenient cooking and kitchen facilities for the workers. Or the employer can provide three meals a day to each worker and if the employer provides meals, then the employer may charge a certain amount per day for the three meals.

What countries are these workers coming from?
We have specialized in bringing Asian workers for the past 10 years and workers come directly from Asia just to do the work at your job site.

How soon can we expect our workers?
Once a request has been made, we begin the paperwork IMMEDIATELY. It is essential to begin immediately due to workers participating in the H-2A Foreign Worker Program can take anywhere from 60-120 days to process.

What about government?
We handle the various government agencies, you are our client and we are your authorized representative, responsible in handling the entire process for you. We will place the newspaper ads, file ALL paper work needed and deal with the various government agencies. From time to time we may need your assistance. We will contact you if any need arises. Our goal is to make your experience using this program flow smoothly, and make you profitable.

How do they work?
These workers are small but strong, diligent, and quiet. There are lots of documented or undocumented workers from other countries. Our workers come directly from Asia just to do the work at your work place; they come here looking after your best interest and join year after year.

What about the language barrier?
Of course they do not speak perfect English but you are not going to have a political conversation with them, they speak some English and we do provide workers in each group to take your orders to translate if needed to rest of the crew.

Can H-2A worker leave me and work for someone else business?
H-2A worker can only work at your job site for your business.

What about the language barrier?
Of course they do not speak perfect English but you are not going to have a political conversation with them, they speak some English and we do provide workers in each group to take your orders to translate if needed to rest of the crew.

What types of workers do you provide??
We give you anywhere from horticulture specialist, agricultural worker, tractor/combine operator, agricultural truck driver, farm equipment operator to any other agricultural specialized worker you may need just to name a few. All these workers have many, many years of experience; they have worked for example, in Israel, Saudi Arabia, Taiwan and their own country.

Frequently Asked Questions Regarding the H-2B Temporary Worker Program

What is the H-2B Temporary worker Program?
The H2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. Our goal is to make your experience using this program, flow smoothly, and make you profitable. In this industry, many companies lack legal workers in the field of manual labor; therefore, Manpower Management provides legal, qualified and agricultural workers who are dedicated to work. The economic situations of these guest workers' countries are such that it makes it attractive to work in the US; they are willing to put in long hours, weeks and months to be able to get ahead upon returning to their homeland

What is a 'seasonal need'?
You must establish that the services or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring nature. It specify the period of time during each year in which it does not need the services or labor. The employment is not seasonal if the period during which the services or labor is not needed is unpredictable or subject to change or is considered a vacation period for the petitioner's permanent employees.

What is a 'peak-load need'?
You must establish that it regularly employs permanent workers to perform services or labor at the place of employment and that it needs to supplement its permanent staff at the place of employment on a temporary basis due to a seasonal or short term demand and that the temporary additions to staff will not become a part of the regular operation.

What is an 'intermittent need'?
You must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary workers to perform services or labor for short periods.

What is a 'one-time occurrence'?
You must establish that the petitioner has not employed workers to perform the services or labor in the past and the petitioner will not need workers to perform the services in the future, or that it has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary occurrence.

What countries are these workers coming from?
We have specialized in bringing Asian workers for the past 10 years and workers come directly from Asia just to do the work at your job site.

How do they work?
These workers are small but strong, diligent, and quiet. There are lots of documented or undocumented workers from other countries. Our workers come directly from Asia just to do the work at your work place; they come here looking after your best interest and join year after year.

How soon can we expect our workers?
Once a request has been made, we begin the paperwork IMMEDIATELY. It is essential to begin immediately due to workers participating in the Foreign Worker Program, the H2B visa program, which can take anywhere from 3-4 months and depends on quota however we prefer to start the information gathering process for H2B program about 6 months before the workers would actually arrive. 

How long can workers stay in your job site?
The H2B visa workers can stay up to 364 days and then are required to return home. The workers must return to their home country.

How much do workers get paid?
H2B Workers are paid at the Prevailing Wage rate, which is determined by the DOL each year. It will probably be the average rate that you are paying now but remember that the government set the wage.

Can an H-2B worker leave me and work for someone else business?
H-2B worker can only work at your job site for your business.

How about the housing for H-2B workers?
Housing is not a mandatory requirement and does not have housing requirements. However, we always recommend that you arrange the housing for workers.

What about the language barrier?
Of course they do not speak perfect English but you are not going to have a political conversation with them, they speak some English and we do provide workers in each group to take your orders to translate if needed to rest of the crew.