Filing Requirements for H2A Visas in Tempe

Tempe employers interested in hiring workers through the H2A program must meet specific legal requirements. Missing any part of the process can cause significant delays or denials. It is important to start early and prepare carefully.

Key requirements include:

• Proof of temporary need – The job must be seasonal or temporary and clearly defined in the petition.
• Recruitment of US workers – Employers must first attempt to recruit US workers before seeking H2A employees.
• Job order filing – A job order must be filed with the local State Workforce Agency describing job duties and conditions.
• Certified housing – Employers must provide free, inspected housing that meets safety standards for all H2A workers.
• Wage compliance – Employers must pay the highest of the Adverse Effect Wage Rate (AEWR), prevailing wage, or federal or state minimum wage.

Working with an H2A visa lawyer Tempe can help ensure that each step is completed correctly and on time.

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