For example, you must comply with the Fair Labor Standards Act, if applicable. gov. Employer Criteria: Nature of Work: The job offered must be agricultural in nature. The wage rate must be paid “free and clear” without unauthorized deductions Section 1188 — Admission of Temporary H2A Workers. 49/111 : Development 64E-12. Fayetteville, AR 72704 (479) 575-7646 May 21, 2022 · Agricultural Worker’s Rights Under H-2A Rules and Regulations. The H-2A employer is required to pay for (or provide) transportation home for the worker. Side-by-Side Comparative Summary of Important Regulatory Changes 2010 H-2A Final Rule to 2022 H-2A Final Rule . Total earnings. Furthering the Trump Administration’s agenda to help American farmers, the Department’s Employment and Training Administration, and Wage and Hour Division are issuing this final rule in response to the extensive public comments received Feb 27, 2023 · WASHINGTON – The U. This fact sheet describes the amendment’s key requirements. \5 Sep 18, 2023 · Under the proposed regulations, employers who violate H-2B program requirements, including employers who fail to demonstrate an ability and intent to follow the program requirements, may be ineligible for the limited number of available visas. C. The Department recognizes that the AEWR methodology proposed in this rulemaking could Jul 3, 2024 · EPA Actions to Address PFAS. The standards below are applicable to Forms. 2(h)(5)(x). The H-2A program has grown rapidly from 139,832 jobs in 2015 to over 242,000 in 2018. The Form ETA-232, Domestic Agricultural In-Season Wage Report, before November 14, 2022 was submitted. 1841, 29 CFR 500. Please also note that all H-2A applications are now filed through the online FLAG system, discussed below. You must be notified in writing of all deductions that are not already required by law. Employers of H2-A Foreign Agricultural Workers. 21 per month, List of currently approved technical guidance documents. Code of Federal Regulations (CFR). The U. Citizenship and Immigration Services, an agency within the Department of Homeland Security, oversees the H-2A petitions. Department of Labor today announced a final rule that modernizes the H-2A Temporary Agricultural Labor Certification Program. Feb 27, 2023 · Wage rates for agricultural guestworkers employed in the US through the H-2A temporary visa program are getting an overhaul under a new rule from the Biden administration. Under H-2A regulations, “range occupations” consist of “herding or production of livestock on the range. 13 RCW. For many years, the Department’s H-2A regulations have explained that if workers are terminated without cause, they are owed the three-fourths guarantee, housing and meals until the worker leaves, and outbound transportation. 47/141 The H-2A temporary agricultural workers program - often called the H-2A Visa Program - helps American farmers fill employment gaps by hiring workers from other countries. Farm employers who utilize migrant and seasonal labor, including H2A workers, commonly provide transportation for workers from their housing locations to work sites and sometimes to stores and other public places. Under the H-2A program rules, employers are required to invite back all former domestic workers that finished the previous season with the employer. Compliance with Other Laws. The MSPA also requires farm labor contractors to register with the U. Employers must show that there are no local workers available for the job. Florida: $21. That wage rate must be at least the highest applicable wage rate in effect at the time the work is performed. The free Adobe Reader may be required to view these files. Structural Pest Control Law, Occupations Code Chapter 1951. 104 or 500. For example, if a contract is for a 10-week period, during which a normal workweek is specified as 6 days a week, 8 hours per day, the The H-2A program is a valuable asset for employers in the agricultural sector who are facing labor shortages. Part 12: electrical safety. See 8 CFR 214. § 654(a)(1) and other applicable regulations. ” In contrast, “non-range” occupations involve “agricultural labor or services other than the herding or production of livestock on the range. 00897, Florida Statutes and Chapter 64E-14, Florida Administrative Code , provide sanitation and health standards relating to construction An H-2A labor contractor (H-2ALC) must meet all of the requirements of the definition of employer in § 655. Department of Labor is committed to providing its customers — America’s employers, workers, job seekers and retirees — with clear and easy-to-access information on how to comply with federal employment laws. Find out the basic provisions, requirements, employee rights, recordkeeping, reporting, and enforcement of the program. Eastern Time, and The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 05 per hour. Deductions taken for paycheck. There must be at least 100 square feet for each occupant. How We Got Here. The rule, scheduled to be published in the Federal Register Tuesday, abandons changes to the wage methodology sought by the Trump administration that were seen as a win by Sep 18, 2023 · USCIS said that the purpose of the regulation is to modernize and improve the H-2A and H-2B visa programs and improve program efficiency. The H-2A application is not subject to chapter 50. H-2A OSHA Housing Requirements. Oct 7, 2022 · Read the unpublished final rule to amend H-2A temporary labor certification regulations at the Federal Register. 2022 H-2A Final Rule procedures apply if: The Form ETA-232 was submitted (mailed date) on or after November 14, 2022. English 06/10/2022. An H-2A worker may bring a spouse and unmarried children (under 21) to live temporarily in the United States under the H-4 Agricultural employers can receive assistance in obtaining farm workers through the H-2A program. H-2A Final Rule . California: $25. ¿ENTREGA EL CONTRATO DE TRABAJO O LA ORDEN DE EMPLEO (FORMULARIO ETA-790) A CADA TRABAJADOR (EXTRANJERO O ESTADOUNIDENSE EN EMPLEO SIMILAR) PARA EL PRIMER DÍA LABORAL? 2. Workers must be given a pay stub listing [3]: Pay rate (s) Hours worked. 50. Texas Homeland Security. F. Dec 21, 2022 · The H-2A program is managed by three federal agencies. Rules and Statutes. An average of only 0. For questions, please contact the Ohio SWA at FLC@jfs. Sections 381. These rules can also serve as an additional guide — a way to make the covenants and bylaws clearer for all the members. The H-2A program allows employers to hire temporary foreign workers when the UNA VEZ QUE SE INICIA EL EMPLEO DE TRABAJADORES ESTADOUNIDENSES EN EMPLEOS SIMILARES O EL EMPLEO DE TRABAJADORES H-2A, USTED: 1. Ames, Iowa 50011. 120(b)(3) refers to “the updated AEWR” in the singular. The employer will report the compensation in box 1 (Wages, tips and other compensation) of Form W-2. 00 per day. The intent of the guidelines is to Apr 21, 2022 · The National Agricultural Law Center Don Tyson Annex (DTAN) 2549 N. Regulations issued by FMCSA are published in the Federal Register and compiled in the U. 122(l) refer to “the AEWR” in the singular. Separate standards and procedures are necessary for these occupations because some of the requirements of the general H-2A Final Rule Apr 20, 2020 · 21740 Federal Register/Vol. Federal regulations, including the Migrant and Seasonal Agricultural […] Oregon OSHA adopted a temporary amendment to 437-004-1120, Agricultural Labor Housing and Related Facilities, to ensure that workers who live in employer-provided labor housing can recover after working long hours outdoors. During the period of employment that is the subject of the Application for Temporary Employment Certification, the employer must comply with all applicable Federal, State, and local laws and regulations, including health and safety laws. One foundation of the program is the protection of U. 27199011: 6/8/2023 Vol. Employers of H-2A workers must provide a copy of the work contract to every employee. 24784875: 7/22/2021 Vol. H-2A Workers. Mar 10, 2020 · Violations of H-2A regulations are generally minor. 1910. Such information and guidance is known as "compliance assistance. Under 20 CFR § 655. Oct 6, 2022 · The Department of Labor released updated regulations on the prevailing wages and minimum standards for employment conditions for workers on H-2A agricultural guestworker visas. immigration laws. 63 per hour. The standards below are applicable to May 25, 2018 · Seasonal farm work is gearing up quickly now, and seasonal workers are flowing into the region. gov or at 888-296-7541, option 1 for English, 2 for Workforce Programs. H-2A employers must guarantee to offer each covered worker employment for a total number of hours equal to at least 75% of the workdays in the contract period – called the “three-fourths guarantee. Publication 5144 (6-2014) Catalog Number 66381S Department of the Treasury Internal Revenue Service www. Child Labor NOTE: The Rules and Regulations of the State of Georgia is a compilation of the rules and regulations of state agencies that have been filed with the Office of Secretary of State pursuant the Georgia Administrative Procedures Act, O. The following guidelines are a summary of Department rules and regulations that apply to Migrant Labor Camps and Residential Migrant Housing. Employers must first show that they have tried and are not able to find U. 142) to determine the areas of health and safety regulation that are relevant for H-2A rental accommodations. May 16, 2024 · The program is managed by three federal agencies. This publication provides a basic overview of these rules. EPA's researchers and partners across the country are working hard to answer critical questions about PFAS. Colorado: $25. Wafla navigates a cumbersome and time-consuming application process for you by working with the six government agencies involved in the H-2A process. OSHA Housing Safety and Health Checklist. The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2024, will open on July 3, 2024, at 12:00 a. workers […] The H-2A employer must pay its H-2A workers and workers in corresponding employment at least the wage rate specified in the job order for all hours worked. t be notified in writing of all deductions that are not already required by law. Rules (Texas Administrative Code) Statutes. More than 95% of the H2A jobs will fall under these wage rates. Sep 13, 2021 · H-2A must follow a number regulations designed to protect workers’ rights and ensure compliance with U. Rules and regulations are usually easier to amend. Pay you the promised wage, give you a pay stub, and offer you three fourths of the hours in Sep 5, 2023 · The heat-related rules apply whether workers are from the U. Demonstrate that not enough U. Oct 5, 2021 · H-2A workers must be paid: At least twice a month [2] At the rate disclosed in the work contract. Full Time Employment Jan 1, 2024 · Effective January 1, 2024. To qualify for the H2A program, your farm must: Offer a temporary or seasonal job. *Note: This page contains materials in the Portable Document Format (PDF). from 6 to 3 months. You must comply with all applicable federal, state, and local laws and regulations, including health and safety laws. S. Protecting Workers’ Rights Employer Must Provide Work Contracts. The revisions in the 2023 Proposed H-2A Rule expressly focus on strengthening basic protections for agricultural workers and enhancing DOL’s capabilities to monitor program compliance and take necessary enforcement actions. Part 10: glazing. worker applicants. H-2A workers are guaranteed employment for at least 75% (three-fourths) of the total work hours stated in the contract. 14, “will strengthen protections for workers, modernize and simplify the H-2A application and temporary labor certification process, and ease The 2022 H-2A Rule refers to the Occupational Safety and Health Administrations standards for temporary labor camps ( 29 CFR 1910. In addition, employers in the H-2 program are required to comply with “all applicable Federal, State, and local employment-related laws and regulations, including health and safety laws. temporary nature where the employer’s In December 2008, USCIS published final rules for both the H-2A and H-2B classifications that became effective in January 2009. This Housing Safety and Health Checklist may be used as an aid by agricultural employers, farm labor contractors, and others providing housing subject to requirements under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) or the H-2A visa program. for temporary or seasonal work. AskEH@flhealth. The H-2A worker then moves (after an approved visa status change petition) to H-2B employment with the same employer or an entity owned by the same employer. Answer a few short questions below to receive a checklist of requirements, fees, forms, and a timeline built around your H-2A hiring needs. A. Jun 29, 2021 · The regulations can create binding obligations and have the force of law. Hawaii: $26. May 8, 2024 · In the interim, OSHA continues to direct significant existing outreach and enforcement resources to educate employers and workers and hold businesses accountable for violations of the Occupational Safety and Health Act's general duty clause, 29 U. The Department of Labor (DOL) issues the H-2 labor certifications and oversees compliance with labor laws; U. Pay for your return trip when the work is done. Step 3. Employers must offer U. e the following rights:DISCLOSURE:• You must be given a copy of your work contract. H-2A Workers May Owe Income Taxes H-2A workers who earn income in the U. Texas. 135, and in part 653, subpart F, of this chapter. The H-2ALC must include in or with its Application for Temporary Apr 29, 2024 · All employer-provided transportation must comply with all applicable local, State, or Federal laws and regulations, and must provide, at a minimum, the same transportation safety standards, driver licensure, and vehicle insurance as required under 29 U. They generally don’t require a vote Oct 6, 2022 · The new regulations, which take effect Nov. 120(a), 655. farms. To update rules to incorporate changes in industry standards; to eliminate unnecessary language and increase clarity. . 142 (b) Shelter. workers are able, willing, qualified, and available to do the temporary work. domestic workers, in other words, growers can’t bring in foreign workers by discriminating or discouraging domestic U. Employers and other workers employed on the H-2A job order ha. OSHA standards are published in Title 29 of the Code of Federal Regulations (CFR) and are divided into separate standards for General Industry, Construction Apr 26, 2024 · WASHINGTON – The Department of Labor today announced a final rule to strengthen protections for farmworkers. workers terms and working conditions which are not less favorable than those offered to H-2A workers. Phone: (515) 294-5217 Fax: (515) 294-0700 The H-2A regulations provide a few options for employers facing an uncertain market for their plants or crops in the upcoming season, here is a summary of those options: 1. An employer that wishes to impose any such requirements must ensure that they are included in the job order, and that they are applied at least as stringently to H-2A workers as they are applied to U. Part 11: conservation of fuel and power. 120 through 500. 73 per hour. It is imperative that a person subject to Jul 28, 2021 · THANK YOU all so much for watching the video!Please Comment Your Thoughts On The Video. The ceiling must be a minimum of seven (7) feet tall. This site is updated continously as new and amended rules are filed with the Office of The U. Call 1-800-829-4933 to get help from the IRS Business and Specialty H-2A Employer Requirements in Brief. or foreign countries, but labor coming in under H2A visas or other programs have special requirements that must be met during the 10 months those workers are typically working on U. Where the employer provides the meals, the job offer and work contract must state the charge, if any, to the worker for such meals. The Department of State, through its consulates, issues visas to workers. \4\ In addition, the Department has issued special procedures for the employment of foreign workers in the herding and production of livestock on the range as well as animal shearing, commercial beekeeping, and custom combining occupations. All workers on the farm during the contract period must be paid this rate on January 1, 2024. Wages: You must be paid at least twice per month at the rate stated in your work contract, and MSPA and DOL regulations impose an affirmative obligation on vehicles covered under MSPA to follow all other applicable Federal and State safety regulations, in addition to those specifically required under MSPA itself. R. The shelter must provide protection from the elements. Notably, in the hierarchy of governing documents, an association’s CC&Rs and bylaws take precedence over the rules and regulations. Pay for all recruitment and visa costs. 12 Federal Register, originally were released as a draft rule by the Trump (i) All employer-provided transportation must comply with all applicable local, State, or Federal laws and regulations, and must provide, at a minimum, the same transportation safety standards, driver's licensure, and vehicle insurance required under 29 U. These include experience requirements, lifting requirements, drug testing requirements, and criminal background checks. The CFR may also be viewed online . 128. Mar 20, 2021 · The current Adverse Effect Wage Rate is $17. 120(c)(3), and 655. Similarly, 20 CFR 655. More Law Summaries. 008-381. Links to Federal Register documents (advance notices of proposed rulemaking, proposed rules, interim final rules, and The H-2A Program is a guest worker program offering temporary status to agricultural workers for 10 months or less. Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U Learn about the H-2A program that allows agricultural employers to bring foreign workers to the U. Part 658, Subpart F and that discontinuation remains in effect. The new OMB approved Form ETA-232 must be used if submitted on or after the effective date. Other Compliance Assistance Information. Introduced in February of 2021, SB 87 was signed into law by Governor Polis in late June of 2021. Part 1: structure. DOL issues the H-2 labor certifications and ensures employers are complying with labor laws. (b) Department discontinued services to the employer pursuant to 20 C. Sep 20, 2023 · The phrase “H-2 laws and requirements” includes the obligations and prohibitions specifically outlined in statutes and DHS and DOL regulations. 06 per hour. Throughout the U. ”. These are only general guidelines. The regulations released Thursday ( RIN 1205-AB89 ), set to be published in the Oct. A standard (or regulation) is a regulatory requirement established and published by the agency to serve as criteria for measuring whether employers are in compliance with the OSH Act laws. Part 2: fire safety. 85, No. may owe federal and state income taxes. Jan 15, 2021 · WASHINGTON, DC – The U. Contract impossibility. Although these are the current rates, DOL adjusts these rates every July. Sep 12, 2023 · The proposed rule would increase the speed with which the debarment of any business that violates H-2A program rules becomes effective by streamlining deadlines for Office of Foreign Labor Certification integrity and Wage and Hour Division enforcement actions. Additional Help. Call 1-800-TAX-FORM (1-800-829-3676) to order current-year forms, instruc-tions and publications. Part 4: site preparation and resistance to contaminants and moisture. 001. Employee Rights Under the H-2A Program. 122(o), if “the services of the worker are no longer required for reasons beyond the control of the employer due to fire, Aug 2, 2023 · H-2A WORKERS: INCOME TAX WITHHOLDING IN THE U. Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U. Department of Labor (Department) issued regulations governing the employment of foreign workers in jobs related to the herding or production of livestock on the range (the H-2A Herder Final Rule). At least a 7-foot ceiling shall be provided. worker who applies for a job until fifty percent (50%) of the period of the work contract has elapsed. Fifty Percent Rule. 80 per hour effective January 1, 2024. 00 per day (2) (with documentation of actual expenses) The employer must also provide or pay the reasonable costs for lodging H-2A worker is recruited in Jamaica by a Connecticut H-2A employer. “The H2A Visa program is one of the most powerful tools agricultural employers can use to Oct 12, 2022 · The majority of the Department's current regulations governing the H-2A program were published in 2010. (the “2023 Proposed H-2A Rule”), amending regulations of the H-2A temporary agricultural worker visa program. worker who applies for the job opportunity until 50 percent of the period of the work contract has elapsed. (B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. ohio. 76/Monday, April 20, 2020/Rules and Regulations 1 Under certain emergent circumstances, petitions requesting a continuation of employment with the same employer for 2 weeks or less are exempt from the TLC requirement. Agricultural employees in Oregon, including H2A workers, will be eligible for overtime beginning in January 2023. Texas Veterans Portal. 68 Minnesota $18. Apr 13, 2018 · The H2A Temporary Agricultural Guest Worker program is designed to allow foreign workers into the country when a shortage of domestic workers exists to meet work requirements. 46 per day, and the current subsistence rate maximum is $59. Department of Labor today announced it will publish a final rule to amend how the Adverse Effect Wage Rates for the H-2A program are set to improve the rates’ consistency and accuracy based on the work actually performed by these workers and to better prevent H-2A workers’ employment negatively affecting the wages of U. 142 (b) (2) Each room used for sleeping purposes shall contain at least 50 square feet of floor space for each occupant. The Department of Labor’s (DOL) regulations governing the H-2A visa program also apply to the employment of other workers by the H-2A employer to perform any work included in the job order that was approved by DOL’s Employment and Training Administration (ETA) or any agricultural work performed by the H-2A workers during the period of Mar 10, 2023 · Below is a list of OEWS wage rates for select states for truck drivers classified as Heavy and Tractor-Trailer Truck Drivers (53-3032). Hatch Ave. The rule targets vulnerability and abuses experienced by workers under the H-2A program that undermine fair labor standards for all farmworkers in the U. m. Citizenship and Immigration Services (USCIS) adjudicates the H-2 petitions, and the Department of State (DOS) issues the visas to the workers at consulates overseas. 27 percent of farmers per year have been barred from the program because of serious H-2A violations. 142 (b) (1) Every shelter in the camp shall be constructed in a manner which will provide protection against the elements. The employer must hire any qualified U. Licenses & Registrations > Rules and Statutes. The Department of Labor announced the AEWR for the six Standard Occupational Classification Codes. The Form DS-160 must be completed and submitted online prior to your visa interview at a U. Part 3: combustion appliances and fuel storage systems. It is important to tell the truth on your application. Action Required. Farmworker overtime will take effect in phases over five years. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. (2) All transportation between all places of employment and the workers' living quarters that is provided by the fixed-site agricultural business complies with all applicable local, State, or Federal laws and regulations and must provide, at a minimum, the same vehicle safety standards, driver licensure, and vehicle insurance as required under H-2A employers must provide employment to any qualified, eligible U. Alabama $14. Consulate General in Johannesburg, Cape Town or Durban. ” Migrant farmworker housing guidelines are available to provide basic knowledge of the rules and regulations for applying to Migrant Labor Camps and Residential Migrant Housing. , Wage and Hour Division violations of H-2A regulations and recovery of back wages have increased significantly over the past five years. workers in similar positions. Highlights of the final rules: - Allow both H-2A and H-2B petitions to be filed for unnamed workers. (2) The department may not process an H-2A application if the: (a) Employer refuses to agree to be subject to field checks and field visits; or. The new CDLE rules on agriculture overtime and labor conditions went into effect on January 1, 2022. 103 (b) and comply with all the assurances, guarantees, and other requirements contained in this part, including § 655. H‑2A Program Rules The H-2A program allows farmers to obtain work visas for guest workers who come to the United States and return home when the work is completed. PFAS (per- and polyfluoroalkyl substances) are widely used, long lasting chemicals, components of which break down very slowly over time. G. - Reduce period of time for aliens to re-enter the U. These standards required covered employers to provide toilets, potable drinking water, hand-washing facilities, and information regarding good hygiene practices. This includes work Feb 13, 2024 · Until the Department publishes a new dollar amount, the job offer must state that the worker will receive the following dollar amount (s) for daily subsistence while traveling: Minimum: $ 15. 105, and 29 CFR 500. Additionally, if you employ any non-H-2A workers, you must comply with the Migrant and Seasonal Agricultural Worker Nov 15, 2022 · Yes. WAGES:• You must be paid at least twice per month at the rate stated in your work contract, and each payday y. H-2A employers must either provide each worker with three meals per day or must furnish free and convenient cooking and kitchen facilities to the workers that will enable the workers to prepare their own meals. 100(a) respectively. " (e) Compliance with applicable laws. Of this at least fifty (50) feet must be in the sleeping area. May 23, 2024 · Beginning in calendar year 2011, an employer must report compensation of $600 or more paid to an H-2A agricultural worker on Form W-2, Wage and Tax Statement, and NOT on Form 1099-MISC, Miscellaneous Income, as required in previous years. See Title IV, Section 401(b)(1)(A) of the Act and 29 CFR § 500. (2) The Secretary of Labor may require by regulation, as a condition of In 1987, the Occupational Safety and Health Administration issued regulations establishing minimum standards for field sanitation in covered agricultural settings. 850-245-4277. Department of Labor (DOL). (a) Conditions for approval of H–2A petitions. Complete a DS-160 visa application form and pay the $190 USD visa application fee. workers to meet their labor needs. . Applications are reviewed to determine whether prevailing hourly wages, working conditions, and housing and transportation arrangements have an adverse effect on domestic 1910. irs. 88 per day (1) Maximum: $ 59. Government Printing Office, or examined at many libraries. May 17, 2024 · Regulations. ” The 2023 AEWR for range occupations is $1,901. § 50-13-1 et seq. It lists the following provisions: (b)(2) - Minimum square footage required for rooms used for sleeping (b ETA Housing Safety and Health Checklist. The H-2A program is for seasonal jobs in agriculture To update rules to incorporate changes in industry standards, to eliminate unnecessary language, and increase clarity and efficiency. The current subsistence rate minimum is $15. If you want to see more YouTube content make sure to like, subscribe, The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures and recordkeeping. Feb 22, 2022 · The Colorado Department of Labor and Employment (CDLE) adopted the new rules as part of the implementation of Senate Bill 87 (SB 87). However, to qualify for this program, both employers and prospective workers must follow the correct H-2A rules and regulations. In 2021, the Wage and Hour Division found H-2A violations in 358 cases and A copy of the Workers Compensation Certification (example) for Ohio must be submitted to FLAG with the ETA 790. H-2A workers and other workers employed on the H-2A job order have the following rights: Disclosure: You must be given a copy of your work contract. We tackle those requirements making labor stability Feb 28, 2023 · The Department's H-2A regulations governing an H-2A employer's wage obligations at 20 CFR 655. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. U. Termination of Workers: Employers are The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire Sep 13, 2021 · Center for Agricultural Law and Taxation 211 Curtiss Hall 513 Farmhouse Rd. H-2A Worker’s Rights Information. H-2A Housing Requirements. ey dh ed ro pp rk wa ul va cj