April/May 2024 NEBRASKA CATTLEMAN 21 All things considered, the H-2A program is also a relatively fast turn-around, typically taking three to four months to identify a placement and bring them on board. The H-2A program also requires paying a “fair wage” as determined by the Department of Labor. This “fair wage” designation is typically higher than minimum wage and varies based on geographic location. Cryne reported that the current non-range job compensation determined by the Department of Labor for livestock/ farm workers is $18.32 per hour. Employers of H-2A employees also must provide free housing and cover transportation costs from the housing to the job site. The federal government conducts inspections on H-2A facilities and does issue fines for non-compliance. “This is the kind of program where, especially if you’re just starting out, it’s ideal to form a local agreement with other producers in your area, especially your neighbors,” Cryne recommended. “Neighboring farms can share housing facilities so long as all requirements of the H-2A employer rules are met.” It’s also crucial to work with a trusted partner who is knowledgeable on the rules and keeps your operation in compliance. This may be company HR or a third-party partner that specializes in the programs. An attorney should be consulted on any contracts signed between an employer and worker. Important note: When using a foreign recruiter to help you find labor, there should be no upfront payment involved. This is a violation of H-2A rules. American recruiters can help you. Permanent Residency “If you have an employee who returns year after year and you value having them on your staff, you may consider sponsoring them for permanent residency,” Cryne said. “This would result in a Green Card being issued. Both professional/ skilled and unskilled workers can be eligible, through four major steps: 1. Identify Department of Labor “fair wage” for your area. 2. Advertise your role in your community to meet the burden of proof for no available American applicants. 3. Complete a worker petition with Citizenship and Immigration Services. 4. File the visa application. Once an employee earns their Green Card (or Permanent Resident Card), you no longer need to worry about visas. “Sponsoring an employee for their permanent residency is a big deal,” Cryne said. “It can literally change their life and their family’s life. But it takes a considerable amount of time.” Cryne recommended starting the process to sponsor for permanent residency while the worker is in the United States on their visa. “The shortest path through this process is about two years for professional or skilled workers, while unskilled workers will take three to four years from beginning to end,” Cryne said. CATTLEMAN The process must be paid for by the employer, except for the final step of applying for the visa, which can be paid by the worker. Undocumented Workers Many employers want to know how they can help reliable, hardworking undocumented laborers find a path toward citizenship. According to Cryne, it can be an uphill battle. “Most undocumented workers are not eligible for visa status,” she said. “But there are some waivers and special categories in rare cases.” If someone you know is currently an undocumented worker, the best way to help them is to make a connection with an immigration attorney and find out their personal, individualized best options. Overcoming Common Challenges While these processes are relatively straightforward with the right professional support and resources, there are challenges associated with employing visa workers. “Sometimes life just happens,” Strehle said. “Family or life changes take place, and they need to be home to handle those situations; people who have never traveled far from home realize several months in that they are homesick and unhappy; or the experiences they are having are different from what they expected the job to be … any number of things can happen.” That mismatch in expectations can be a leading cause of turnover in visa employment agreements. Taking time to clearly explain the day-to-day expectations of the roles you are hiring for can alleviate some of that strain. “Of course, once someone gets a Green Card there is also no guarantee they’ll continue working for you forever,” Cryne said. “A simple solution can be to draft an employee contract or non-compete agreement that they’ll stay with you for a certain length of time or be responsible to repay a portion of the costs you incurred.” There are risks in all employment agreements, and life circumstances are subject to change for any employee. These situations shouldn’t be seen as a deterrent for hiring visa workers. Ensuring Compliance and Long-Term Success “There is no one-size-fits-all when it comes to immigration solutions,” Cryne said. “This is not something you can or should do on your own, especially the H-2A process.” Cryne recommended working with a company to help you navigate the processes and ensure you are protecting your operation and your workers by following the law. “When a few locals can get together to pool resources, everyone wins,” Cryne said. “You have a stake in the game because you all need workers, can’t get them locally and face the prospect of limiting your future growth potential by not having a reliable labor force. Working together can provide more options that help you all succeed.” ~NC~
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