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Employment USA prides itself on servicing all clients’ needs throughout the entire process ...

Best Clients

Employment USA puts new employers through a screening process to make sure that both parties ...

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Employment USA would likes to work intimately with all firms in their network. We would like ...

H-2B Program Summary

Employment USA would likes to work intimately with all firms in our network. We would like to encourage you to refer all friends and families to us that may benefit from our services. For all referrals employment USA is offering discounts on selected services for the positive promotion of our firm.

Who may apply?

Any U.S. employer who can demonstrate a seasonal or peak load, recurring labor need may apply to the H-2B program. Any industry can qualify for H-2B workers, as long as it can prove that it has a cyclical, annually recurring labor need. Examples of industries which currently use the H-2B program to meet some or all of their seasonal labor needs include landscaping, wholesale nurseries, food processing, produce packing, tree planting, lumber milling, light manufacturing of seasonal items and others.

What to Submit

Before Employment USA, LLC can assist an employer with his labor needs; the following items are required;

Employment USA, LLC Employer's Application completed fully and accurately

Signed original of EMPLOYMENT USA, LLC Agency and Indemnity Agreement
Administration fee of $300.
Advertising fee of $550 (in the event that you want to expedite application and have us set up and arrange and pay directly for advertising).

When to apply

H-2B applications must be filed with the state employment security service (Job Service) 120 days in advance of the date the workers are needed. To ensure that your workers arrive when you need them, we strongly suggest that you contact EMPLOYMENT USA, LLC no less than THREE months prior to the date workers are needed. Employment USA recommends that the Employer prepare to apply premium processing ($1000) with the BCIS to expedite the process.

The employment laws governing employment of H-2B workers are not significantly different from those covering regular US workers.

Wages

The wage rate will be based on USDOL wage statistics. H-2B employers are subject to the overtime provision of the Fair Labor Standards Act (FLSA), and overtime wages apply for all hours worked over 40 each week. The State Employment Security office (Job Service) in the state where the workers are to be employed determines the wage rate, which must be offered on the labor certification application.

Housing

While the H-2B employer is under no obligation to furnish housing, EMPLOYMENT USA, LLC requires that employers make arrangements for housing in advance of the workers’ arrival. Workers are responsible for all housing costs and related expenses.

Tools and Supplies

The employer must furnish, at no cost to the worker, all tools and supplies necessary to carry out the work, unless it is common practice for the worker to provide certain items.

Certification Fee

There is no Labor Department fee for H2B certifications.

Transportation

The workers are responsible for all round-trip transportation costs from their Country of Origin to their place of employment and back. Employers should make arrangements for workers’ transportation to and from job sites each day. It is requested that the employer assist worker with transportation arrangements from place of arrival (nearest airport or bus terminal) to place of employment, i.e. meet worker at the airport/bus station or inform worker of inexpensive ways to get to place of employment.

Taxes

The employer is responsible for withholding and paying all applicable state, federal and social security (FICA, FUTA) taxes.

Labor Disputes

The employer must assure that the job opportunity for which the employer is requesting H-2B certification is not vacant due to a strike or lockout.

Recruitment

The H-2B program requires employers to recruit local workers for a period of ten days during which the local labor market is tested. This occurs after the application is filed with the Job Service. The employer will place an ad in a local newspaper according to DOL guidelines. Each employer interviews any US workers who respond to the advertisements and summarizes the interviews. EMPLOYMENT USA, LLC will complete the visa applications and recruit foreign workers on the employer’s behalf.

Other Conditions

The employer must keep record of worker's earnings. The worker must be provided with a statement of hours worked and related earnings on each payday. The employer must pay the worker at least twice monthly or more frequently if it is the prevailing practice. The employer must provide a copy of the work contract to each worker. Seasonal workers are usually allowed to stay and work for up to 10 months at a time. They are permitted to apply for extension of their visa twice. (Up to 3 years).

Be Our Client

Employment USA prides itself on servicing all clients’ needs throughout the entire process. Over the years we have had the pleasure working with all types of industries and nationalities. We have an intimate knowledge of the entire sector to assist you and your firm through any situation imaginable.

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Best Clients

Employment USA puts new employers through a screening process to make sure that both parties’ goals are aligned. Once that is done we will work with you in the qualification process for this government program. We can assist all firms in the navigating the regulatory changes to keep you compliant; however the employers have to be willing to make the necessary changes to stay within government regulations.

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Special Proposition

Employment USA would likes to work intimately with all firms in their network. We would like to encourage you to refer all friends and families to us that may benefit from our services. For all referrals employment USA is offering discounts on selected services for the positive promotion of our firm.

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