Rulings on H-2A Improve Immigrant Workers Rights
By admin ~ January 8th, 2009. Filed under: Business, Employers, Workers.
Recently, several rulings have been handed down in regard to H-2A Immigrant Workers. The H-2A visa permits citizens from certain countries to work in the U.S. for short term employment such as farm labor. This article will summarize many of these changes.
First off, DHS has published a list of countries whose citizens are eligible to receive H-2A visas. CIS has simplified the procedures for hiring temporary and seasonal workers by eliminating restrictions and promoting legal employment. And there are new rules for reporting newly hired H-2A workers.
The only countries that can now participate in the H-2A program are Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Indonesia, Israel, Jamaica, Japan, Mexico, Moldova, New Zealand, Peru, Philippines, Poland, Romania, South Africa, South Korea, Turkey, Ukraine and the United Kingdom. However, this new ruling does not effect persons who already hold H-2A visas.
Changes to the way employers process H-2A visas will make it easier for them to report to CIS. Here is a list of some of the important revisions to the law.
• Employers can apply for multiple unspecified agricultural workers.
• The time after the H-2A expiration date and the worker has to return to his/her home country has been extended from 10 days to 30 days.
• For the H-2A worker who has spent three years in the U.S. and is now living outside this country, the time that he or she is eligible to regain H-2A status has been shortened to three months from six.
• It allows H-2A workers to change employers, when both employers qualify for H-2A and they participate in the E-Verify program.
• Employers and recruiters are prohibited from imposing fees on H-2A employees.
• Employers must be certified as an H-2A temporary labor employer.
• Employers must notify CIS when H-2A employees do not show up for work, finish the job more than 30 early, are fired or leave the worksite without permission.
Whether you are an employer of or an H-2A employee, you may still have questions regarding these new changes. For up to the minute information on this or any immigration ruling, you are urged to contact an immigration attorney who is well versed in these matters.
