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Recruiting
The H-2B program requires employers to attempt to recruit workers locally. After the H-2B labor certification application is filed, MAS-H2B coordinates local recruitment with the employer and the state Job Service. The program includes MAS-H2B’s placement of “help wanted” classified advertising for three days in a local newspaper approved by the Job Service.
After obtaining DOL certification for the employer, MAS-H2B coordinates with qualified workers’ representatives, Citizenship and Immigration Service (CIS, the successor to the INS in the Department of Homeland Security) and the Department of State to secure visa approval and arrange transportation for capable, reliable, legal foreign labor.
Wages
The DOL determines the applicable H-2B wage rate based on wage statistics for the area and job to be performed. MAS-H2B can generally provide you with the exact wage currently required in your area upon request, and in advance of your applying for the program.
H-2B employers are subject to the overtime provision of the Fair Labor Standards Act (FLSA). Overtime wages generally apply to all hours worked in excess of 40 each week.
The employer is responsible for all regular local, state and federal payroll taxes, including paying Social Security and unemployment (FICA, FUTA and SUTA). The employer is also responsible for assisting workers in obtaining Social Security cards upon their arrival.
The only wage deductions allowed are those permitted under U.S. labor law. With a limited number of exceptions, those deductions may not bring the workers’ wages below the current FLSA minimum wage.
Workers' Compensation Insurance
The employer must provide workers’ compensation insurance for all workers.
Housing
Workers are responsible for paying all housing costs and related expenses. While H-2B employers are under no legal obligation to provide housing, MAS-H2B requires that its clients make arrangements for housing in advance of the workers’ arrival.
Transportation
Past practice has been that workers pay for their round trip transportation from their homes abroad to the place of employment or a nearby station or terminal at the beginning of the season and back to their homes abroad at the end of the season.
Employers arrange for daily transportation to and from job sites.
Tools and Supplies
The employer furnishes all tools and supplies necessary to perform the work at no cost to the worker.
Click here for a summary of MAS-H2B’s comprehensive service for a single flat fee
Click here for the complete MAS-H2B information and application package
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