There are clear signs that the new interim rules for H-2B visas will have a big impact on green industry hiring and employment. While the new rules, issued by The Department of Labor and the Department of Homeland Security are very similar to 2012 rules governing H-2B applications, they also include some new elements that you should be aware of. Here are 7 ways this new interim H-2B agreement will impact your green industry business and the industry as a whole.
More Government Oversight
With the new regulations, you will now need to register your company and provide specific information to federal authorities, such as an estimate of your temporary labor needs. This will mean government authorities will know who you are, and more easily access information about your company's hiring and labor practices. You will also have to report information to authorities from beginning to the end of an employee’s time with you, such as when an H-2B worker stops working for your business.
You’ll Need To Make Sure Employees Are Working Full-Time
The amount of hours an employee needs to work to be considered full-time has now been increased. At the same time, you must also hire employees full-time if you want your green industry business to be eligible to hire a worker with an H-2B visa. As a result, these temporary employees will need to work 35 hours a week at a minimum.
Hiring Will Become More Difficult
Employers need to ensure they’re meeting certain requirements to avoid legal issues. For example, you are required to leave a job open for U.S. workers until 21 days before you fill a job with a H-2B visa worker. You will also need to advertise the job in newspapers, a step designed to provide U.S. workers a chance to obtain the job before foreign workers.
Detailed Information Must Be Provided To Employees
You are now mandated to provide earning statements to your employees, which will include information like how many hours your employee worked, and also clearly print deductions along with specific aspects of job orders. You will also need to hang up a poster that lists employee rights and protections. These types of tasks will likely increase operational costs and time burdens on green industry business employers.
Less Flexibility On Wages
Under old rules, wages were offered under a four-tier structure, but now wages must be calculated based on the “highest mean” within an occupational category. This wage is determined through Occupational Employment Statistics wage information. That means you’re no longer able to set wages based on pay surveys issued by your company, which will lead to less flexibility in what you pay your employees and likely increase your costs.
Labor May Become More Expensive
There are many ways that workers may become more expensive other than wages as well. The new rules clearly state that employers must pay for charges like visa fees, inbound transportation costs for workers who finished 50 percent of their job within an order period, and return trip costs for a worker who completes their employment.
Smaller Businesses May Struggle To Meet Regulations
H-2B visa rules may be easier for larger businesses to coordinate and implement, but smaller green industry businesses may suffer. The U.S. government indicates that they are implementing this certification-based system to increase compliance and reporting, but it remains to be seen how well small businesses will cope with these changes.
Now that you have a clear understanding of the new regulations for hiring, why not hire some great seasonal and long-term employees for the benefit of your business? Download our hiring eBook to learn how!
