H-2B Visa Employer Series: Life after Approval
Welcome back for the sixth and final Post in the H-2B Visa Employer Series. If you have followed along this whole time, I thank you, and I hope that the information contained in these Posts has been informational and beneficial. Today we are going to discuss what comes after you send the I-129 packet to USCIS for H-2B Approval.
While there is always the possibility of a Request for Evidence or an issue with your documents that requires attention before Approval, today we are going to assume that you have just received your Notice of Approval and discuss what should be done moving forward. Below is a 10 point list of items to be aware of, and while the list is not exhaustive, it will provide you with a good starting point to build upon.
Make Copies of your Approval. This seems easy to do, but trust me, the last thing you want to do is misplace your documentation. Not only are there requirements that you maintain paperwork records for years following participation in the program, but you will also want to supply this Notice of Approval to your Recruiter so they can facilitate the recruitment of workers in your requested country.
Provide Recruiter with Translated Job Order. Remember that Job Order that we keep mentioning. This must now be translated to the native language of the country you intend to recruit from, and provided to each Beneficiary for their review prior to employment.
Provide Recruiter with Beneficiary Information. As well as providing your recruiter with your Approval and translated Job Order, you will need to provide your Recruiter with information of any/all Beneficiaries you have already identified that you would like to apply for H-2B Visa Beneficiaries. Agencies differ, but I always recommend that the Employer try to gather Name, Address, Phone Number, Email Address, and copies of a Driver’s License, Passport, and Birth Certificate, so that the Employer can provide these to the Recruiter early in the process to expedite matters.
Pay Visa Costs. Discuss with your Recruiter the best method for this one. Some Recruiters will cover Visa application costs and then bill the Employer. Some will require the Beneficiary to pay the application costs if the Employer has not already paid these. And other Recruiters will require that the Employer prepay all expected costs, which the Recruiter holds in an escrow account until the funds are used to pay Visa costs.
Provide Travel or Cover Travel Costs. Employers hold a responsibility for getting their workers to the Worksite. Some Employers find it beneficial to pick up Beneficiaries and transport the Beneficiaries themselves. Other Employers purchase bus or plane tickets for the Beneficiaries. And some Employers leave it to the Beneficiaries to travel to the Worksite and then reimburse accordingly. And don’t forget the Daily Subsistence and the rate advertised in the Job Order!
Follow Through. Whatever wage rate was advertised, PAY IT. Whatever job duties were described, STICK TO THEM. Whatever schedule was advertised, STICK TO IT. If you promised to provide housing, and to deduct accordingly, then DO IT. In addition to following through with everything advertised in the Job Order, Employers should review and make available this Poster so that Beneficiaries know their rights. And if you have any questions, you can always refer to this section of the Code for guidance.
Get Beneficiaries Social Security Cards. Most Employers try to help their Beneficiaries get temporary or limited Social Security Cards within two weeks of their arrival for payroll purposes.
Report Workers who Abandon. Employers should review these regulations (look at Section Y) to know when to report a Beneficiary to the proper authorities. Remember, Beneficiaries are only authorized to work for your company. If they leave your company to work for another company, they are in violation of their work authorization. This, along with other scenarios can trigger an Employer’s responsibility to report this misconduct.
Notify the Authorities of any Termination. Employers are within their rights to terminate a worker for cause. If a Beneficiary simply is not working out, an Employer may terminate that employment. Upon termination, the Employer has responsibilities that are discussed here.
Encourage Workers to Leave On Time. Beneficiaries have up to 10 days following the end of their work period to wrap up any lingering matters and depart the country. Some Employers will provide transportation to Beneficiaries during this 10 day period while others will cover travel costs. While it can be difficult for an Employer to guarantee Beneficiaries do in fact leave the country, Employers should always encourage departure and discuss the consequences of overstays.
Whether you are an Employer or Attorney or Agent, this 10 item checklist can be a great resource for first-time H-2B Visa recipients or someone hoping to review a few items. While this only scratches the surface of an Employer’s responsibilities, some of the items I have linked to are essential for any H-2B Employer, and can always be relied upon to provide information about Employer responsibilities and/or Beneficiary rights.
I hope that you have enjoyed the H-2B Visa Employer Series and that you have found it informational. If you still have questions about the H-2B Visa program or you now realize that the program is far too time consuming for an Employer to tackle alone, please do not hesitate to reach out at info@trentwilliamslaw.com and schedule a consultation. I will be happy to discuss the program and whether it might be right for your company. And, for a limited time, I will be discounting my Consultation Rate for anyone who mentions this H-2B Visa Employer Series.
One Final Note
The April 1, 2022 Cycle is months away. But, don’t wait to reach out and begin the application process. Each year I turn away clients because they waited too late to discuss their options. Nothing will reduce your chances of utilizing the H-2B Visa program for supplemental labor as much as failing to act early.
