As an employer of H-2B workers you have some legal and ethical responsibilities to the United States government and your employees.
Your legal responsibilities are:
- When you file for the H-2B petition you are representing that you cannot locate a qualified willing American to fill the job. In the spirit of the law you must engage in an honest recruitment process to locate and hire willing qualified Americans to fill the job. If you are unsatisfied with their performance you are under no obligation to continue their employment.
- You must obtain a wage determination form from the U.S. Department of Labor (DOL). The DOL determines the “prevailing wage” for particular positions in specific counties and metropolitan areas throughout the United States. Click here to visit the USDOL prevailing wage site. You must agree to pay your worker a wage equal to or greater than the prevailing wage determined by the U.S. DOL.
- You are required to take Federal and state tax deductions from the payroll and you are responsible to provide any other benefits that the company normally provides to workers, including Workers Compensation Insurance, in accordance with state law.
- You need to obtain the workers’ Social Security Card and number and within three weeks of their arrival and verify employment authorization by ensuring the employee completes Form I-9.
- Be prepared to cover costs of the Worker’s return home, if early termination becomes necessary. The U.S. Company will pay the reasonable cost of return transportation (to home country) for the H-2B Worker in the event he/she is dismissed prior to the expiration of the authorized period of stay, for any other reason other than employee fault.
- If the employee leaves your employ prior to the expiration of his or her visa, or he is terminated by you – you must report the termination of the employment relationship to the USCIS and U.S. Consulate of origin of the worker.