IMPORTANT UPDATE!
Dear H2A & H2B Program User,
The Department of Labor (DOL) along with the United States Citizens and Immigration Services (USCIS) have recently teamed up to initiate major regulation changes to the H2A and H2B temporary non-immigrant worker programs.nbsp; Both employers and workers who utilize these programs will be greatly affected by these changes. Employment USA encourages all parties who are involved with these programs to review the final rules. The H2A final rule can be found here: http://www.foreignlaborcert.doleta.gov/pdf/H2A_FinalRule.pdf, and the H2B final rule here: http://www.foreignlaborcert.doleta.gov/pdf/H2BFinalRule.pdf.
One of the major changes initiated is the inability for any recruiter, agent, attorney or employer to charge an H2A or H2B worker a fee that is conditional upon receiving a job offer for H2A or H2B employment. It is now also illegal for H2A or H2B employer’s to shift any of the costs associated with the H2A and H2B visa process to a foreign temporary worker. If any H2A or H2B employer knows that an agency, attorney or recruiter who they use to assist them in the H2A or H2B process is charging the workers a fee it is now the responsibility of the employer to notify USCIS within a matter of two work days of this occurrence. Failure to do so may result in the revocation of the employer’s labor certification as well as program debarment and even more sever repercussions. Therefore in compliance with the new regulations Employment USA will not be charging any H2A or H2B workers a fee for any petition filed after January 18th. All H2A and H2B workers transferred after this date will be transferred by Employment USA with no costs to the worker.
If you are an H2A or H2B worker who is being charged an unlawful fee by an agent, attorney or recruiter or if you are an H2A or H2B employer who knows that your agent, attorney or recruiter is charging unlawful fees to prospective workers please follow the instruction below.
For H2A employers or workers:
Email the California Service Center at CSC.H2AFee@dhs.gov immediately to report the unlawful action of agents, attorneys and/or recruiters. Include the following information in this email to the best of your ability:
- The USCIS receipt number of the H-2A petition
- The petitioner's name, address, and telephone number;
- The employer's name, address, and telephone number, if it is different from that of the petitioner; and the
- Name and address of the facilitator, recruiter, or placement service to which alien beneficiaries paid or agreed to pay the prohibited fees.
For H2B employer or workers:
Email the California Service Center at CSC.H2BFee@dhs.gov or the Vermont Service Center at VSC.H2BPROPLACEMENT@dhs.gov immediately to report the unlawful action of agents, attorneys and/or recruiters. The USCIS service center that you must notify is the service center that has jurisdiction over your state and that your petition is filed to. Include the following information in this email to the best of your ability:
- The USCIS receipt number of the H-2B petition;
- The petitioner's name, address, and telephone number;
- The employer's name, address, and telephone number, if it is different from that of the petitioner; and the
- Name and address of the facilitator, recruiter, or placement service to which alien beneficiaries paid or agreed to pay the prohibited fees.
Thank you for taking the time to review this important update. To access the home wage of Employment USA’s website please click here.
