H-2A Farm Labor Contractor Bond Form

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The DOL H-2A program ensures compliance for agricultural contractors who meet the temporary need for agricultural labour for harvesting or other agricultural activities. Compliance includes things like a living wage, transportation, accommodation, and accommodation for migrant or seasonal workers. If the employer`s H-2A certificate of temporary agricultural workers is revoked, the employer is responsible for: 1) reimbursement of actual incoming transportation and living expenses; 2) the employee`s outgoing transport costs; (3) payment to the employee of the amount due under the three-quarters guarantee; and (4) any other wages, benefits and working conditions due or due to the employee. The Department has made a Notice of the Federal Register available to the public for inspection, formally announcing the implementation of e-filing in the H-2A and H-2B visa programs through the Ministry`s iCERT visa portal system. As noted in the Notice, e-filing under the H-2B program will begin on October 15, 2012. Electronic submission to the H-2A program will begin on December 10, 2012. Prior to these implementation dates, the Department will host four training webinars to raise public awareness of electronic submission in the H-2A and H-2B programs. To read the Federal Register notice, please click here. To learn more about the implementation of e-filing, including participation in upcoming webinar trainings, please click here. The Office of Management and Budget approved the Department`s request to renew eTA Form 9142, Appendices A.2 and B.1 and related instructions, which were previously scheduled to expire on April 30, 2012.

The new expiry date for these forms is October 31, 2012. The H-2A Temporary Agricultural Program creates a way for agricultural employers anticipating a shortage of domestic workers to bring non-immigrant foreign workers to the United States to perform agricultural work or services of a temporary or seasonal nature. Employment is seasonal in nature when it is linked to a particular season by an event or model, such as . B a short annual growth cycle or a particular aspect of a longer cycle, and requires a level of work well above the value required for ongoing operations. Employment is limited if the employer`s need to fill the position with a temporary worker does not exceed 1 year, except in exceptional circumstances. Before the United States Citizenship and Immigration Services (USCIS) is approved by an employer, the employer must file an application with the Department stating: (1) there are not enough capable, willing and skilled workers in the United States (United States) to engage in temporary and seasonal agricultural employment for which an employer wishes to import foreign non-immigrants; and (2) the employment of H-2A workers does not adversely affect the wages and working conditions of U.S. workers with similar employment. The ministry`s legislation and regulations set out many requirements for the protection of employees and employers with respect to wages and working conditions that do not apply to non-agricultural programs. The Department of Remuneration and Hours of Work (WHD) of the Ministry is responsible for the enforcement of the provisions of workers` contracts. The duration of the warranty is two years, including the date of harvest. What step do I need to take before submitting an H-2A application? Before submitting an application for a fixed-term certificate, the employer must prepare a job offer on Form ETA 790 – Agricultural Customs Clearance and Food Processing Ordinance and submit the form and all attachments to the State Manpower Agency (SWA), which serves the field of employment intended for domestic clearance.

The following conditions must be met: A new H-2a warranty is required for each harvest season. While there are a plethora of regulations associated with getting a certified contractor, one requirement is a guarantee. The Ministry of Labour does not make it easy for itself because it does not provide a specific bond form. However, the department is very specific in what it will accept. Surety1, a pure warranty agency, has a warranty form in its library that has been accepted by the DOL. The filing must be in writing to cover liability incurred during the duration of the employment contract period specified in the H-2A application and must remain in effect for a period of at least 2 years from the date of expiry of the employment certificate. H-2A labor contractors must receive the guarantee in the following amounts: At surety1.com, we offer a simple three-step process to obtain your H2A guarantee: The bond ensures that agricultural contractors are able to perform their agricultural tasks and protect H-2A migrant workers from abuse, exploitation and other harmful situations. The FLC must receive an Agricultural Labour Contractor Registration Certificate prior to the commencement of an agricultural employment contract. .