Staying Compliant: H2B Visa Regulations and Employer Responsibilities

For employers in Wellington using the H2B visa program, compliance with regulations is critical. A key requirement is wage compliance, where employers must pay H2B workers the prevailing wage or higher. This wage rate is determined based on the job location and the nature of the work, ensuring that foreign workers receive fair compensation and that the employment of H2B workers does not undercut the wages of U.S. workers.

Another important aspect of compliance is maintaining proper working conditions. Employers are obligated to provide a safe and acceptable working environment for H2B workers, similar to what U.S. workers would expect. This includes adhering to all occupational safety and health regulations.

In addition to these, employers must also keep detailed records of their recruitment efforts, wage payments, and compliance with working condition standards. These records are not only necessary for potential audits but also serve as evidence of the employer's adherence to the program's rules and regulations. Ensuring compliance in these areas is crucial for the success of an H2B visa application and for maintaining the integrity of the employer's business operations.

Back ↵