FAQ for Alaska Employers Wishing
to Hire Foreign Nationals
Since we do not specialize in visa related issues, we have asked
Alliance Abroad
Group to put together the following FAQ section
to help employers looking to hire foreign nationals.
Question: What is the English level of the workers?
Answer: The level of
English that is possessed by the participants is at minimum
Intermediate level. You may request any type
of English level on your company application. For instance,
if the position that you have requested deals with customers
on a regular basis, you may request Advanced
English levels or fluency in English. It is important that
you are extremely detailed on your application if you require
specific levels of English.
Question: What is the average age group of the workers?
Answer: The average age
of workers is found between 18-40. The participants do not
need to be students, and therefore they may be older and more
experienced than other types of
programs might offer.
Question: What type of education level do the workers have?
Do they have experience?
Answer: Most H-2B participants have a minimum level of a high
school degree.
They are not required to have any previous experience for the
positions they may work for. If you require some sort of experience
for a position, it is important to be extremely detailed on
your company application requesting
workers.
Question: Can I interview the workers before they arrive or
can I see their resumes?
Answer: In most situations,
the host company does not interview the workers before they
arrive or see their resumes. Since
most H-2B positions are unskilled in nature, a resume is not
necessary for the application. It is also somewhat difficult
to provide interviews or resumes to host companies that have
requested a large number of workers. The workers are largely
interviewed and screened by both the overseas agent (I.e. recruiter)
and the H-2B Program Manager to check on the compatibility
between the Host Company and participant.
If a host company
has had difficulties with workers who have not had the specified
level of English as requested, your Program
Manager can conduct interviews of the H-2B participants.
Question: Can the workers come back in the
following season?
Answer: Yes! If you are
interested in requesting the same workers that you had in the
previous season for the upcoming season,
you should make a note on your company application and your
Program Manager will do their best to fulfill your request. This
can be an option for host companies
in order to decrease the amount of time
spent on on-the job training.
Question: If I am not satisfied with a worker, can I fire them?
Are they replaced?
Answer: If you are not
satisfied with a particular worker, you can only fire them for
lawful reasons. In other words, H-2B workers receive the same
rights as American
workers in the same position(s), meaning that the Host Company
cannot terminate an employee for any reason except one that is
lawful.
If a worker is fired, they will not
be replaced.
Question: If I fire a worker, do I have to pay the costs for
their return home?
Answer: A host company, by law, is required to pay the reasonable
return fees of an H-2B worker to their home country. Prior to
arriving to the U.S., H-2B workers must have a round-trip ticket
between the U.S. and their home country. Therefore, if the worker
is fired, they should be able to make the necessary arrangements
to change the date of their plane ticket and the host company
would only be required to arrange for the transportation between
the company and the airport. However, if the airlines cannot
change the dates of the original ticket, other arrangements would
be necessary.
Question: What is "seasonality" and how do I prove
it?
Answer: Seasonality is
required by the State Labor Office, as well as the INS, in order
to prove that you have a need for foreign
workers. This means that you need to show that you have a seasonal
need for these workers and that they will be temporary - for
instance, if you are requesting workers during the summer and
you are a resort located near a beach, you can show seasonality
through your monthly revenues, as well as the number of employees
your employed per month during the year. Your data would show
that your revenues and the number of employees you employ per
month increases from January through July, and then begins to
decrease again through December. Most Program Manager's require
that a company provide such data for the previous 2 years, as
well
as
the current
year
in which you are requesting workers.
Question: When is the best time for me to apply
(i.e. request workers)?
Answer: The H-2B process
takes approximately 5-6 months, beginning from the moment we
receive your company application requesting
workers, until the INS approves your request and notifies consulates
for participants to apply for their visas. Thus, it is recommended
that you provide your Program Manager with your request for
workers 6 months prior to the estimated start date that you will
need
the
workers.
Question: Am I able to participate in the recruitment process?
Answer: Yes! This will
vary by Program Manager. Alliance Abroad Group offers the following.
You are able to participate in the recruitment process in two
ways.
First,
if you request 200 or more workers, you may
participate in a recruitment trip to help select participants
for your positions. If you request less than 200 workers, you
may still participate by providing us with any specific details
of the type of workers you want and if you prefer workers from
a particular set of countries.
Question: Am I required to provide company housing for the workers?
Answer: Host companies
are not mandated to provide company housing for the workers.
However, it is highly recommended that the host company
provide such housing in order to better help the workers once
they are working for the company. If there is no company housing,
it is recommended that host companies aid in assisting workers
find housing, since the company might have some knowledge as
to the
best or most affordable housing in the particular location.
Question: Are the workers allowed to hold a second job?
Answer: Per H-2B visa regulations, participants are not allowed
to have a second job. They are only allowed to legally work for
the company that is listed on their I-94 card and their INS petition.
If you find that a participant is working at a second location,
you must contact the H-2B Program Manager immediately.
Question: How much in wages am I required to pay an H-2B worker?
Answer: A H-2B worker must be paid the prevailing wage for the
county in which the worker is working. The wage that is paid
to an H-2B worker is at minimum
the same that is paid to American workers.
Question: What are all the documents involved
in the H-2B process?
Answer: The documents that are involved include: G-28 Notice
of Entry of Attorney or Representative [on behalf of Employer]
(INS document filed at State DOL and INS), ETA 750A (State
DOL), I-129 with H-Supplement (INS), I-797B Notice of Approval
(INS). Other documents that are involved in the process include
recruitment result reports, seasonality, and company application,
Specific Form.
Below is a list of Visa Program Managers and other valuable
resources. We are giving Alliance Abroad Group more exposure
as they helped us develop this section and our section for Foreign
Nationals.
Alliance
Abroad Group
J Type Visas |
H Type Visas |
| Alliance Abroad Group assists employers by: |
Alliance Abroad Group assists employers by: |
| - Recruiting international students for 4 month positions |
- Recruiting unskilled workers for 4-10 months duration |
| - Working with your company to secure nearby housing |
- Screening for qualifications you specify |
| - Screening & Language assessment DS 2019 form, precursor
to the J-1 visa application |
- Petitioning the Dept. of Labor for certification of your
jobs |
| - Arrival information for the date you specify |
- Processing immigration paperwork for H-2A or H-2B visas |
| - Providing a local coordinator for large orders |
- Delivering workers on the date your specify |
| - Providing support and an emergency 24/7/365 help-line |
- Providing workers who will stay the duration of the contract |
| |
- Providing support and an emergency 24/7/365 help-line |
VisaNow
American Work
Experience
Apex USA
Association for
International Educational Exchange
BUNAC
Council
on International Educational Exchange
Cultural
Homestay International
U.S. Citizenship & Immigration Services
Interexchange
Student
Work Abroad Program (For Canadian Citizens)
Work
Experience USA
