H-2B
Program Detail
History
Who May Apply
Benefits To Company
Benefits To Worker
Visa Process
US Employer FAQ
Intl. Employee FAQ

Temporary Worker Program Detail

AWV provides recruitment, placement and immigration processing of temporary unskilled and skilled international workers [Workers or International Workers] based upon application to US Government agencies for the H-2B visa. Agencies include the State Work Force Agency, Federal Department of Labor [DOL] and United States Citizenship and Immigration Services [USCIS].

AWV arranges for experienced immigration legal counsel to process and file all applications through US government agencies at NO COST to the US Company.

Services provided or arranged by AWV at no cost to the Company include:

  • Advertising in local newspapers as required by the State Work Agency.
  • Assistance with recruitment notices to the State Work Agency. .
  • Filing fees paid to USCIS.
  • Premium Processing Fees paid to USCIS.
  • Complete legal assistance from immigration attorney as required to process the application.
  • Recruitment of qualified international workers.
  • Processing of the visa applications for each Worker with the US Consular Office in the home country of the Worker.
  • Assistance with the relocation of the Worker from their home country to the US work site, i.e. international travel.

AWV is the only full service company that provides complete services to companies in the US at absolutely no cost to the Company. The Worker pays for all of the legal and administrative costs and benefits from earning a salary by legally working in the US.

Company Term: Positions can be from six months to as long as ten months depending upon the temporary season, peak load or one time need of the US Company. US Companies can participate each year for their temporary needs.

International Workers: Workers can apply each season as a new Worker, returning Worker, or by extension. Application can be made from their home country as a new or returning Worker or from the US as an extension of an existing visa, as long as they are in legal status. Workers must be approved by the US Consular Office in their home country. A Consular Officer interviews each Worker and the Worker must present evidence that they have ties to their home country and have the intention to return home at the end of their visa term. The Worker must have no previous immigration problems.

Wages and Benefits: AWV assists the H-2B employers in complying with government wage requirements. The wage rate is established so that the International Worker receives the same wage rate as a US Worker to prevent discrimination and to protect US Workers. The State Workforce Agency establishes a qualifying wage rate based upon the description of the position provided by the Company and the specific geographical location of the work. The US Department of Labor must also approve the wage rate, which is the standard rate for the occupation and for the geographic location of the Company. This is generally called the Prevailing Wage. The Company must provide Worker's Compensation insurance in accordance with State Laws. The Company is required to deduct federal and state taxes, FICA, FUTA, and SUTA from the International Worker’s payroll, the same as the US Worker. Although health insurance for the Worker is not mandatory, it is highly recommended that health insurance be made available from the Company or arranged separately by AWV. AWV has a group rate that is significantly less expensive than standard US health rates. AWV will arrange health insurance, in the event the overseas US Consular Office requires it.

Housing: The H-2B Worker is responsible for the costs of housing and other personal expenses while in the US. It is most beneficial for the US Company to arrange affordable, safe and convenient housing. This is generally accomplished by providing shared housing and transportation, if necessary, with other Workers.
Every effort should be made by the Company to keep the living expenses for the Worker as low as possible so that they will be able to save money for their overseas families and for their personal savings.

Transportation from Home Country to the US: The costs for roundtrip transportation to and from the home country of the Worker to the US work site is the responsibility of the Worker. The Worker must purchase a round trip ticket from their home country to the work location, as a requirement of immigration policy to demonstrate that the Worker will return back to their home country at the end of the visa term. If the Company terminates the Worker for reasons other than the fault of the Worker, the Company is technically required to pay the travel costs of the Worker back to their home country. The Company should assist the Worker with transportation from their residency to the work site. If the Company does not provide for the local transportation, the Workers, living in the same location, will generally share the cost of daily transportation with other H-2B Workers.

Costs to the US Company: The US Company is responsible for paying the Worker's wages [no less than the Prevailing Wage] and benefits that they agree to provide. The Worker pays the cost of recruitment, job placement, visa processing and relocation.

Costs to the Worker: The Worker must be paid, at minimum, the Prevailing Wage, which is set forth in the DOL Labor Certification [LC] and the I-797 approval by USCIS. The Company can always advance the worker and pay a wage higher than the Prevailing Wage. As stated above, The Worker is responsible for the costs of travel to and from the US, local transportation from residency to work site, housing costs and other personal expenses. The Worker will be required to pay a non-refundable application fee (US$131) to the US Consular Office in order to obtain an appointment for an interview. The Worker may also be required to pay administrative costs to the overseas recruiter and AWV placement and service fees. The Worker should carefully review all expenses prior to making application for the work program.

Application for H-2B: Application to the State Work Force Agency for Labor Certification can be made no earlier than 120 days prior to the start of the documented season of the Company. It is strongly advised that Companies should make application for LC as early as possible because the allocation of 33,000 visas for both the Fall and Spring is highly competitive and quickly utilized by applications that far exceed the allocation available. The processing times for the State Work Force Agencies vary with each State and then the processing times for the Federal Department of Labor approval vary in the two centers, Atlanta and Chicago. Many Companies do not receive LC in time to apply to USCIS prior to the utilization of the visa available [visa cap]. Based upon many years of experience and applications to the government agencies for thousands of Workers, AWV and immigration legal counsel efficiently processes all applications and has a high percentage of approvals. In 2007, AWV processed the largest application that was approved for Labor Certification in the United States.

Visa Term: At the end of the visa term, the Worker must return to his or her home country, unless an extension is obtained. In some cases, the Worker will have the opportunity to extend while in the US and continue to work for the same Company or the worker may work for another Company that has an approved Labor Certification.

Returning Worker: The Worker may also reapply in his home country to work for the same Company or a different Company. Congress has approved in the past, and may approve again a special designation for the Worker that was has previously worked in the US with an approved H-2B visa. The designation or visa is called the Returning Worker [H2R]. The Returning Worker is not subject to the visa cap [numerical limitation]. The Company may accept the same Worker for subsequent years and/or apply for additional Workers based upon their approved season and their employment needs.