Foreign Labor Certification

The Department of Workforce Development (DWD) plays a role in the federal H-2A and H-2B visa process. Both types of visas are administered jointly by the U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS).

H-2A and H-2B visas allow U.S. employers to hire foreign nationals for temporary, seasonal, or peak-load jobs when domestic workers are unavailable.

H-2A Visas

The H-2A temporary agricultural program allows agriculture employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to provide temporary or seasonal agriculture labor or services.

Employers

Employers looking to use the H-2A visa program can visit DWD's H-2A Visa web page to learn more about program participation and requirements.

Job Seekers

DWD connects qualified U.S. workers with temporary seasonal jobs employers are seeking to use H-2A workers to fill. U.S. workers must receive the same benefits offered to H-2A workers, including no-cost housing if the U.S. worker lives outside the commuting area.

U.S. workers can find all job opportunities connected to H-2A job offers on the Job Center of Wisconsin website or by connecting with job service staff at one of Wisconsin's physical Job Centers. You can find your local job center by using the Job Center of Wisconsin workforce services directory.

Employers are required to hire qualified U.S. workers through 50% of the contract period and hire U.S. workers if the worker is qualified. Contact DWD at FLC@dwd.wisconsin.gov if you have questions about applying for jobs connected to H-2A job offers.

Other resources for workers can be found on the DWD worker resources webpage.

H-2A Workers

H-2A workers and other workers employed on the H-2A job order have rights and protections. Worker rights include:

Workers employed under the H-2A program:

Must be given a copy of their work contract
Must be notified in writing of all \deductions that may be made from their paycheck that are not required by law
Must be paid at least twice a month
Must be paid special rates that vary by locality
Must be provided with safe and clean housing, at no cost
Must be provided safe transportation from that housing to the job site if their employment requires them to be away from their residence overnight
Must be guaranteed employment for a total number of hours equal to at least 75% of the work period specified in the contract

Additional resources and a list of additional rights can be found on the U.S. DOL's H-2A: Temporary Agricultural Employment of Foreign Workers website. For additional information contact the U.S. Department of Labor Wage and Hour Division at 1-866-487-9243.

Other resources for H-2A workers can be found on the DWD's worker resources webpage.

Stakeholders

Additional resources and links for stakeholders:

Employers, job seekers, H-2A workers, and stakeholders can contact FLC@dwd.wisconsin.gov with additional questions.

H-2B Visas

The H-2B temporary non-agricultural program permits employers who meet program requirements to hire nonimmigrant workers to temporarily come to the U.S. to perform non-agricultural services or labor based on the employer's temporary need. The employer must establish that its need for non-agricultural services or labor is temporary in nature, regardless of whether the underlying job is permanent or temporary.

Employers

Employers who want to use the H-2B visa program can visit DWD's H-2B Visa webpage to learn more about program participation and requirements.

Job Seekers

DWD connects qualified U.S. workers with the temporary jobs the employers are seeking to use H-2B workers to fill. U.S. workers must receive the same benefits offered to H-2B workers including reimbursement for inbound transportation for workers outside of the commuting area.

U.S. workers can find all job opportunities connected to H-2B job offers on the Job Center of Wisconsin website or by connecting with job service staff at one of Wisconsin's physical Job Centers. You can find your local job center by using the workforce services directory.

The employer must also accept referrals and hire all qualified and eligible U.S. workers who apply for the job until 21 days before the start of a H-2B job order. The employer must not offer terms, wages, and working conditions to U.S. workers that are less favorable than what the employer offers or provides to H-2B workers. Also, the employer must not impose restrictions or obligations on U.S. workers that are not imposed on H-2B workers.

Contact DWD at FLC@dwd.wisconsin.gov with questions about applying for jobs connected to H-2B job offers.

Other resources for workers can be found on the DWD worker resources webpage.

H-2B Workers

H-2B workers and other workers performing substantially the same work included in the H-2B job order or substantially the same work as that performed by the H-2B workers, except for certain long-term existing employees and certain employees under a collective bargaining agreement or individual employment contract, have rights under the H-2B program.

Rights include:

To receive accurate, written information about the wages, hours, working conditions, and benefits of the employment being offered
To receive this information before receiving a visa (for H-2B workers outside the U.S.) but no later than the first day of work (for other workers)
To receive this information in a language understood by the worker
To be paid at least every two weeks at the rate indicated in the job order for all hours worked
To be informed in writing of all deductions not otherwise required by law that will be made from the worker’s paycheck
To receive an itemized, written statement of earnings (pay stub) for each pay period
To be guaranteed employment or payment for at least three fourths (75%) of the hours promised in the job order every 12-week period (or six-week period for job orders under 120 days)

The H-2B Worker Rights poster provides the full list of H-2B worker rights. For additional information contact the U.S. Department of Labor Wage and Hour Division at 1-866-487-9243.

Other resources for H-2A workers can be found on the DWD worker resources webpage.

Stakeholders

Additional resources and links for stakeholders:

Employers, job seekers, H-2B workers, and stakeholder can reach out to FLC@dwd.wisconsin.gov with any additional questions.