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 SECTION H - 2A OF THE Seection H-2A IMMIGRATION AND NATIONALITY ACT. 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. COVERAGE 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. REQUIREMENTS 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. RATE OF PAY: 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.. SHERI'S WEB INTERNATIONAL ** Email address: sheri@sherisweb.com Web Address: http://www.sherisweb.com