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Employer's requirements to employ H2A workers

Wages: DOL establishes the applicable H2A wage rate, Adverse Effect Wage Rate (AEWR), state prevailing wage rate, or the federal minimum rate to both US and H2A workers.

Three-fourths Guarantee: The employer must guarantee that workers will have the opportunity to work at least three-fourths of the total hours in the contact period. This includes both actual hours worked, as well as hours offered. This guarantee is calculated as a percentage of all the working hours in the season as specified by the employer.

•Recruitment: The employer is required to place newspaper ads in an attempt to recruit US workers who are able, willing, and qualified to perform the job and must cooperate with the State Workforce Agency in the referral of US workers. Agri Placements facilitates the advertising requirement as part of our services to the employer as required by DOL.

•Housing: The employer must provide free housing to workers who are not reasonably able to return to their residences that same day. Such housing must be inspected and approved by the State Workforce Agency prior to DOL approval.

•Meals: The employer must provide free and convenient cooking facilities to the workers so they may prepare their own meals OR provide three meals per day and be reimbursed by the workers for the cost up to federally specified limits per day.

•Transportation:  The employer reimburses the workers’ cost of inbound transportation from their homes abroad to the place of employment at beginning of season and outbound transportation costs to their homes abroad, or to the workers’ next job site, at end of the season.  The employer must also provide daily free transportation to and from housing and worksite.  The employer must also provide transportation to town (grocery, bank, etc) at least once a week.

•Worker's Compensation Insurance: The employer must provide worker's compensation insurance for all workers.

•Tools & Supplies: The employer must provide the tools and supplies necessary to perform the job duties at no cost to the workers.

•Taxes:  H2A workers are exempt from US Social Security and Medicare taxes.  Payments made to workers are to be reported to IRS by W-2.  H2A workers are required to file a U.S. federal income tax return if income exceeds certain levels and pay any U.S. federal income tax due.
•Employment:  Offered to any qualified U.S. Worker who applies for the job through 50% of the contract period.