"Owned and Managed by Agricultural Employers"
How Do I Handle U.S. Referrals?
- Monitor your email, answer the phone or have an answering machine to accept calls, and respond to referrals from the State or other sources. You must return all calls within 48 hours of receipt. (Not answering your phone or not responding to U.S. referrals could get you debarred from the H-2A program. Please respond appropriately).
- You must document each recruitment source by name, address, and telephone number of each U.S. worker who responded during the recruitment period. You may use the U.S. referral log that is linked below.
- Inform the applicant that they must agree to the terms of the H-2A contract such as:
- The start and end date of the contract.
- The physical requirements.
- Payroll checks will only be issued once a week or once every two weeks which is determined by the employer. - There may be random drug and alcohol test after hire and failure to submit to the test or a failed test will be cause for termination. - Taxes will be withheld by U.S. workers.
- If the applicant is interested, mail them an application. You my use the seasonal application that is linked below. When the application is returned completed, schedule an interview and not the date and their name in your files.
- Should the applicant not show up for the interview, note this in your referral log. If the applicant doesn't show up for the interview, you are not required to hire the applicant. If the applicant does show up for an interview, provide a copy of the contract i.e. job description; we can provide you a contract in English. (If they are referred from the Employment Office, a copy was made available to them). Proceed with the interview.
- Ask the applicant if they are physically able to do the job as outlined. If yes, proceed to the next step. If no, you are not required to hire the applicant and note this in your file.
- Ask the applicant if they will complete at least 3/4 of the contract time. If yes, proceed to the next step. If no, you are not required to hire to applicant and note this in you file.
- If the applicant has answered all of the above questions yes, you must offer the job to the applicant.
- Inform the applicant that there may be random drug and alcohol tests, at no cost to the worker, after hire. Failure to submit to the test or a failed test will be cause for termination.
- Inform the applicant that they may be required to submit to a criminal background check, at no cost to the worker, after hire. Felony convictions that the employer reasonably believes, consistent with current law, will impair the safety and living conditions of other workers or other individuals on the farm will result in immediate termination. Failure to comply with request for criminal background check may result in immediate termination of employment.
- Upon reporting to work: An I-9 must be completed and the applicant must provide you the legal documents required as proof of eligibility to work in the U.S. The applicant must sign documentation that a job contract was provided and understood. Of note: Taxes are withheld on U.S. workers and the employer pays the appropriate payroll taxes.
- Now that you have hired the applicant, they are required to do all of the jobs that are required of the H-2A worker.
- From the time the foreign workers depart for the employer's place of employment, the employer must provide employment to any qualified, eligible U.S. worker who applies to the employer until 50 percent of the period of the work contract has elapsed. This does not apply if you meet the Small Business Exemption.