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Foreign Worker Information (H-2B
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Foreign Labor - H-2B Visas News
Foreign Labor - H-2B Visa News - Frequently Asked
Questions
What is Foreign Labor Certification?
Why is the program bad for Nevada and the workers?
How can someone get a copy of the H-2B form 750a filed by an Employer?
Are unions required to be notified of employers seeking foreign workers?
Why is it important to get a copy of the H-2B form 750a filed by an Employer?
Can an employer that uses Foreign Workers be a Staff Leasing Agency?
What is Foreign Labor Certification?
Federal Regulations allow Business Owners and Contractors the ability to recruit Foreign Labor when there is a shortage of American Workers to fill labor shortages. The construction industry falls in this category under the H-2B Visa Program. The State Workforce Agencies (SWA’s) are responsible for the 1st step in this process. Employers or their acting representative file a Form 750a application with the SWA. The SWA has 30 days to complete the application process. The SWA either closes or submits the to the US-DOL National Processing Center in Chicago, IL or Atlanta, GA. Chicago is the processing center for Texas H-2B applications.
There is a annual cap of 66,000 H-2B Visas issued annually with 33,000 beginning October 1st and the remaining 33,000 March 1st. Foreign workers that previously worked under the H-2B Visas in the last 3 years did not count towards the hard cap. Congress did extend this rule that expired September 30, 2007 and the 66,000 will be processed on a “First In First Out” timeline.
The issuance of foreign labor H-2B Visas are temporary in nature for a period not to exceed twelve (12) months or more than ten (10) months for seasonal or peak load needs and the jobs are specific on work locations.
Why is the program bad for Nevada and the workers?
Employers seek the use of cheap foreign labor instead of really trying to hire American Workers with decent pay and benefits. The majority of Texas Employers in the Construction Industry file the H-2B Visa Form 750a with the job descriptions of journeymen while the education, training and skills requirements are mostly listed as none required. Some of the jobs even require the passing of tests after listing no training required. We have found that most of the foreign workers that are recruited and used are trained journeymen working at the lower level skill wages. The use of Davis/Bacon prevailing wages is no longer mandatory. The wages are now posted in four (4) levels. In the research of records, we find that the lower level wage 1 is the most sought by employers. Many of the classifications used for construction jobs are using production occupations instead of the proper construction trades. If the proper classifications and the proper journeymen wages were used, then we would probably see more American Workers seeking these jobs. Many H-2B Visas workers leave their approved employer and seek other jobs after the approved time period of work has expired at the approved location and many times they leave their approved job before they complete the approved time period. H-2B Visa workers that do not return home as required by law takes away future jobs in the Construction Industry from American Workers.
How can someone get a copy of the H-2B form 750a filed by an Employer?
Texas is one of the states that have open records requirements. An open records request can be made to the Alien Certification Unit of the Texas Workforce Commission by Fax or by E-Mail. Please contact us for the contact information and a sample letter.
Are unions required to be notified of employers seeking foreign workers?
It depends on whether or not a union for the job description exists in the area of the work location. The Texas Workforce Agency Alien Certification Unit requires the employer to contact the Texas AFL-CIO if they cannot locate the proper union. We have found out that many times the union contacts are not properly made and go unchallenged. As long as the employer can prove that they have made union contact in ample time for response, then they have met the requirements.
Why is it important to get a copy of the H-2B form 750a filed by an Employer?
This application requires the employer to list the job locations for the workers. If there is more than one job location, then the employer has to submit an attachment listing all job location addresses. After reviewing the Form 750a, then another open records request may be in order for all information submitted with the Form 750a by the employer.
Can an employer that uses Foreign Workers be a Staff Leasing Agency?
Yes, but the Staff Lasing Agency has to follow all the requirements and submit the Form 750a and all supporting documentation to substantiate the work. This does not mean they can lease out the foreign workers to other companies.
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