How to Efficiently Hire Foreign Workers for Seasonal Help

For businesses that experience seasonal peaks, recruiting temporary workers becomes a crucial task. No matter which industry you are a part of, the holidays or summers are most taxing due to a sudden surge of work. That’s why businesses hire skilled seasonal hands who can fill in the shoes for unique roles. 

In comparison to traditional hiring, temporary recruitment can be a tough nut to crack. It requires a faster process and deals with plenty of documentation work, especially when you are looking for workers across borders. 

For businesses in the United States of America, there is an H-2B visa program that aids in hiring employees outside of the country. This may seem overwhelming as you are hiring individuals from different parts of the world for a single project. 

However, with the right information and a more streamlined process, the whole task will be a little less daunting. Here we have curated a blog that will help you understand the dynamics of how hiring foreign workers through an H-2B visa works, the qualifications required, and the detailed application process.

Industries That Hire Seasonal Workers

Seasonal jobs differ from one industry to the other. Opportunities available include summer counseling, retail sales associates, customer service representatives, lifeguards, etc. A few industries that are open to hiring seasonal workers are:

• Hospitality and Tourism: Hotels, resorts, and amusement parks often hire H-2B workers to manage increased demand during peak seasons.

• Landscaping: Landscaping companies employ H-2B workers for tasks such as lawn care, tree planting, and maintenance, especially during spring and summer.

• Construction: The construction industry hires temporary workers for projects that are seasonal or require extra labor during certain times of the year.

• Seafood Processing: Seafood processing plants rely on H-2B workers during harvesting seasons for tasks like sorting, cleaning, and packaging.

Qualifications For Business Wishing To Employ Foreign Labor

While hiring H-2B workers, employers have to meet a few regulatory qualifications. They need to prove that they are hiring foreign workers due to the shortage in the US and it won’t be hurting American wages or their work conditions. 

• Companies have to show their need to employ seasonal labor.

• Employers should offer housing and transportation to workers who meet the government guidelines.

• Prove that you require only a temporary staff member, not a permanent one. 

• Must secure labor certification about which we will be talking in our application process section.

• Employers should show there is a lack of staff in the U.S. for the job. 

• Showcase that hiring of foreign labor won’t impact the wages of U.S., workers with similar jobs.

H-2B Filing Strategies 

Hiring a H-2B foreign employee is not just about filling in your inventory with excellent staff. Rather it is a strategic move to make the hectic period more smooth and profitable: To tackle the seasonal hiring issues, it is better to set

• Hire Early

Art planning in advance. Look through the requirements and tasks that your business will come across in the future. It can be done by analyzing past sales and patterns. Along with this, budget too plays a crucial role, so make sure to make a decision accordingly. 

• Reward Seasonal Work

Around the busiest time of the year, it won’t look good if any of your staff members quit the job. Make sure to motivate them and plan out some creative perks for those who are putting in long hours of work. There are plenty of things that can be termed as meaningful incentives like discounts on products, meals, or activities that could enrich their career. 

• Draft a Solid Onboarding Process

Creating a comprehensive onboarding process is crucial for H-2B foreign workers. This should include a detailed orientation that familiarizes workers with company policies, job duties, safety protocols, and workplace culture. Providing clear instructions and expectations helps workers integrate smoothly into their new roles and reduces potential misunderstandings. A robust onboarding process also involves training sessions to ensure that workers are equipped with the necessary skills and knowledge to perform their tasks efficiently.

• Keep Track on Potential Employees

Do not take your seasonal labor as a temporary option. Keep track of their performance and if somebody shows potential be open to hiring them. 

• Provide Them With Facilities

Ensuring that H-2B seasonal labor have access to adequate facilities is essential for their well-being and productivity. Employers should provide comfortable housing that meets local standards and is conveniently located near the workplace. Additionally, access to transportation, healthcare, and recreational facilities is important to support the workers’ physical and mental health. By providing these facilities, employers demonstrate their commitment to the welfare of their workers, which can lead to higher job satisfaction and retention rates.

Detailed Application Process

Here is a detailed step-by-step process on how to start with the H-2B application process:

• Obtain Temporary Labor Certification

The first step in hiring seasonal help is obtaining a Temporary Labor Certification from the Department of Labor (DOL). Employers must demonstrate the need for temporary, non-agricultural workers and prove that there are no qualified U.S. workers available for the position. This involves filing Form ETA-9142B with the DOL and conducting a recruitment process to ensure U.S. workers have an opportunity to apply. The DOL will review the application and, if approved, issue the Temporary Labor Certification.

• Filing Form I-129 with USCIS

Once the Temporary Labor Certification is obtained, the next step is filing Form I-129, a petition for a nonimmigrant worker, with the U.S. Citizenship and Immigration Services (USCIS). This form must include the approved labor certification and supporting documentation, such as proof of business operations and worker qualifications. USCIS will review the petition, which may include requests for additional information. Upon approval, USCIS will issue Form I-797, Notice of Action.

• Apply for Admission

After USCIS approval, the H-2B workers must apply for a visa at a U.S. embassy or consulate in their home country. This process includes submitting the necessary documentation and attending a consular interview. If the visa application is approved, the visa is stamped in the worker's passport, allowing them to travel to the U.S. Upon arrival in the U.S. the CBP (Customs and Border Protection) officers will inspect the documents and determine the worker's eligibility for admission into the country. This final step completes the H-2B hiring process.

Is there a H-2B cap?

The Immigration and Nationality Act(INA) has revised the statutory limit or “cap” on the total number of noncitizens who can receive an h2b visa program during a fiscal year. The current government has been set up at 66,000 per year, with 33,000 workers allowed for the first half of the fiscal year and the rest of the 33,000 for the second half of the year. If there have been unused numbers in the first half, employers can use the numbers in the second half of the year to hire H-2B seasonal workers. Unused H-2B numbers in one year won’t be carried forward to the next fiscal year.

Reasons for Rejection To Hire Temporary Labor 

Several reasons could lead to the rejection of your request to hire H-2B temporary labor. The top ones are:

1. Enough Workers in the U.S.: 

The primary reason for the rejection of your H-2B visa could be the availability of workers within the United States of America. If the Consulate finds out that enough attempts were not made from the employer’s end to hire U.S.-based employees, the visas that are already in the process could also be halted.

2. Inaccurate Documentation: 

In case there is some delay in the documentation filing process or an error, visa applications can be denied. Therefore, filing all the documents correctly at the given time frame is crucial. Aztec Foreign Labor makes sure that the documentation process goes on smoothly without any delays or mistakes. We carefully analyze all the aspects that go into filing and work accordingly. 

3. Affecting wages of U.S. employees: 

Another reason why your request to hire H-2B workers can be denied is if the Department of Labor determines that employing a foreigner might affect the wages of U.S. employees. 

Conclusion: Streamline Your Hiring Foreign Labor Process 

We at Aztec Foreign Labor understand businesses' ordeal during the visa sponsorship process. The sheer volume of documentation work, along with the strict time duration to file each one, can be difficult to manage. Our team is proficient at navigating the complexities that come along with hiring foreign workers through the H-2B visa program. Whether you are looking for employees from Mexico, Canada, or anywhere else, we will ensure that your company follows all the local, state, and regional laws.

Get in touch with us and hire experienced foreign labor seamlessly today!

FAQs

1. Which industries can hire workers through an H-2B visa?

For seasonal labor, hospitality, landscaping, amusement, and construction industries often hire workers through the H-2B visa program.

2. What challenges do employers face while hiring temporary workers?

Challenges in hiring temporary workers include legal compliance, visa processing delays, and navigating changing immigration policies.

3. How can a business ease the H-2B visa process for workers?

Businesses can ease the immigration process by staying updated on visa regulations, providing clear guidance to employees, and working with experienced immigration attorneys when needed.