Posted By: Sheri (New Board: ForeignJobs) on 'ForeignJobs'
Title:     Immigrations in the United States..
Date:      Tue Sep  7 15:12:03 1999

This is as much for your safety as it is mine whomever would be hired for
my shop.

United States Department of Labor
Wage and Hour Division
Fact Sheet No. ATL 26-9312, version 3


This fact sheet provides general information concerning the application of
the H-2A requirements to the agricultural industry.  For a more thorough
explanation of the H-2A requirements, please refer to Title 20, Code of
Federal Regulations, parts 655.


Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (INA)
authorizes the lawful admission of temporary non-immigrant workers to
perform agricultural labor or services of temporary or seasonal nature in
the United States.  The individuals who are admitted to the United States 
under these provisions of INA are refrred to as "H-2A" workers.


Any employer who ahs been certified for a specific number of H-2A jobs
must have initially attempted to find U.S.workers to fill these slots.
Even after H-2A workers are recruited, employers must continue to engage 
in "positive recruitment" of U.S. workers.  The employer must agree to
accept U.S. workers until 50% of the certified period has been completed.


In eery H-2A employment situation, the employer must agree to pay to all
workers working in certified jobs a wage rate of the higher of either: (a)
the Adverse Effect Wage Rate [AEWR] or (b) the Prevailing Rate for a given
crop/area.  neither of these rates may be less than the Federal Minimum
Wage.  Wages may be calculated on the basis of hourly or piece-type rates
of pay or minimum monthly wage rates.  Regardless of the method of pay,
they may not be less than the rate specified in the job order/worker
contracts.  The H-2A workers must be paid at least twice monthly.

Part two - Job clearance order..

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