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Pennsylvania Landscape & Nursery Association Partners with másLabor
PLNA is pleased to announce a new preferred provider relationship with másLabor, the nation's leading provider of comprehensive services for employers participating in the H-2A and H-2B nonimmigrant visa programs.
DOL Releases Final Rule on H-2A Worker Protections
On Friday, April 26th, 2024, DOL released its Final Rule. Below is an itemized summary of the major provisions. Please note that the following list is not comprehensive and that the Final Rule contains a number of other provisions and procedural changes.
H-2 Seasonality: Proving your Need
All prospective H-2 employers must provide a “burden of proof” to ensure they are either temporary or seasonal in nature, depending on their desired program. This includes providing a justification for why they need workers when they do, but also, why they do not in the off season. For the programs, temporary and seasonal have a maximum of 10 months, per employer, geography, and occupation.
The Do’s and Don’ts of H-2A Onboarding: Social Security, Taxes, and Deductions
This series spotlights best practices and guidance on various onboarding topics. Today’s focus is on Social Security, taxes, and deductions.
Notices of Proposed Rulemaking (NPRMs)
The comment period for both of the following Notices of Proposed Rulemaking (NPRMs) concluded last quarter: H-2A NPRM ETA-2023-0003 and H-2 NPRM USCIS-2023-0012. Industry insiders have indicated that both agencies are pursuing an aggressive timeline and intend to push forward with a Final Rule sometime in 2024.
USCIS Final Rule
On January 31st, 2024, U.S. Citizenship and Immigration Services (USCIS) released its Final Rule regarding fee increases for H-2A, H-2B, and immigrant visa petitions. These new fees will go into effect April 1, 2024 and are applicable to all petitions received by USCIS on or after that date.
The Unnecessary Constraints of the H-2A Filing Process: No Good Deed Goes Unpunished
Once a niche topic known only in agricultural circles, the H-2A foreign guestworker program has recently entered mainstream discourse. Exacerbated by labor shortages due to COVID-19 and other economic factors, demand for H-2A visas has surged, quadrupling in the last decade. H-2A workers currently comprise an estimated 10-15% of America's agricultural workforce, with well over a quarter of a million visas issued annually.
Petition for Rulemaking on the H-2A Wage Methodology
The following petition was submitted to the Acting Secretary of Labor, Julie Su, urging the reevaluation of the Adverse Effect Wage Rate (AEWR) methodology used to determine the required minimum wages for agricultural workers employed pursuant to the H-2A nonimmigrant visa program.
Common Questions from New H-2A Employers: When do I need to secure housing for workers?
Blog series on the most common questions we get from first time H-2A users.
Common Questions from New H-2A Employers: Driving Arrangements for Workers?
Blog series on the most common questions we get from first time H-2A users.
Common Questions from New H-2A Employers: Options for Worker Housing?
Blog series on the most common questions we get from first time H-2A users.
Common Questions from New H-2A Employers: Leadtime to Worker Arrival?
Blog series on the most common questions we get from first time H-2A users.
Common Questions from New H-2A Employers: English-speaking workers?
Blog series on the most common questions we get from first time H-2A users.
Off Target: Why Trigger-Happy H-2A Reform is Bad Policy
The Biden Administration has released four (4) different H-2A rules in the last year (two in operation now, two currently undergoing public comment). Almost none of it has helped growers or "streamlined" the program as promised.
