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"Owned and Managed by Agricultural Employers"
Wages & Payroll
Can I pay a piece rate? Yes, but the worker must be paid at least the hourly wage for that state.
Our contract is in a LLC, should the workers be paid from the LLC? Yes
What are the top (3) H2A violations? Failure to disclose all the job duties, failure to pay inbound & outbound transportation, incomplete or inaccurate payroll records,
Do I have to pay my other workers (US or other status) the same hourly rate? Yes, if they are doing the same job as your H-2A workers.
Transportation
Where will I pick up my workers? AWMA doesn’t get involved in the transportation of the workers and we don’t know the exact time or location they will actually arrive.
Workers from Mexico: They schedule their own transportation and it is typically a Mexican Bus Line. They could arrive at your farm, a Walmart, grocery store, or restaurant. They have your contact information and will call you when they arrive.
Social Security Numbers & Taxes
Do my H-2A workers need a social security number? Yes
Where do I take the workers to get social security number? After they are here at least 10 days, take them to your local Social Security Office.
What do the workers need to take with them to get a social security number? Passport, which has their work visas in it, and their I-94 card.
Is the employer required to withhold U.S. Federal Income Tax from their pay? No, unless there is a county payroll tax.
Do the H-2A workers have to file taxes? Yes
Housing
Who will inspect my housing and when? The State Workforce Agency will inspect and approve your housing approximately 30 to 45 days before the start of your contract.
Should I inspect the housing regularly myself? Yes, ultimately you are responsible.
Workers
What happens when I have a worker that gets sick or hurt? Get them medical attention immediately. If it is work related complete a workers’ compensation accident report. If it isn’t work related, they are responsible for their own medical bills.
Can my workers go home and come back later, if needed? Yes, the workers are issued multi-entry visas but the three quarter guarantee clock is still running while they are gone.
When do I reimburse the workers for the transportation cost and other related cost? When the workers arrive on your farm.
Other
Do I pay the bill I got from Del Al & Associates? Yes
I received a letter from DOL and it says there is a bill enclosed. What is this? DOL sends us the bill and we pay that bill for you. It is included in the fees that you have already paid us. You don't need to do anything. Just keep those documents for your records.
What type of audits am I subject to? You may get a paper audit from DOL Chicago or a DOL Wage & Hour on-farm audit.
What if I don't respond to the audit from Chicago? You will be barred from the program.
Frequently Asked Questions
We get a lot of questions about the H-2A program in our office. So, we decided to list some of the most frequent questions that we get asked. We will add questions as we get them.
Click here to add text.
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