Immigration

[barrenfield]

Does anyone know anything about how visas work? Does immigration require an employer to furnish housing? Sandy

[Tomisimo]

What type of visa are you talking about? I'm no expert in the field, but providing housing doesn't sound like a standard requirement.

[Jane]

To the best of my knowledge, I don´t believe any kind of visa will require you as an employer to provide housing for your employee unless, otherwise stated in the working contract.

[Elaina]

No VISA requires housing.....EXCEPT if the person is here on a work VISA to work in the crops or a migrant camp. You as the employer can charge the worker for housing and/or meals if these are provided. Usually the worker is expected to return home (native country) until next crop year.

BUT.......

If you are the employer that is helping the worker obtain the VISA then you must delineate what you will be or will not be providing. What type of VISA you are helping the worker for also depends if you will need to do an Affidavit of Support which means you are taking the responsibility of supporting this worker for the next 3 years.

Many, many rules and regulations!! Be careful what you sign and what you promise.

[barrenfield]

Elaina, It IS a farm work visa. I understand that it costs around 1400 dollars. Does that sound right? Sandy

[Elaina]

Yes, that sounds about right. Just make sure your employee knows that this type of VISA is only to come to work at your farm and that he must return home when done. Who determines when work is done? You? INS? I am sure this information is in the 325 that you completed for him. Also make sure you are using the correct form.......you are processing an application for an H2A.

No regulation about housing. This is something you need to work out with your employee.

Good luck!

[barrenfield]

Thanks Elaina! We are filling out papers for H2A. Actually, we are splitting the contract with another couple. We have to promise him 32 hours per week. So we 16 and other couple 16. We have to provide housing. Other couple has housing for him and we also have to carry workers comp insurance. It gets very complicated plus expensive. Cost is $850 for the application plus money for him to get hear (not a requirement) about $300. Also, we have to pay $9.15 per hour, the Mexican minimum wage for Mexican workers in the US. Sooooo! But we are glad to have him. He is a good worker. Only thing is - like other immigrant workers in Ky., if a better offer of money comes along - they have no loyalty. But I can understand, they are here to make money. Gracias! Sandy

[gomey]

Sorry, but this caught my eye. $9.15 minimum wage (with benefits) for a Mexican worker, but for a US citizen the highest minimum wage I just saw after doing a search was $8.00. Wonder who negotiated this? We need whoever negotiated this to do the same for the poor American worker who is out of work, or is working for under $9.00. Just my two cents. Do not want to offend my Mexican friends since I live here, but the same standard does not apply for us American citizens living in Mexico. And, please, do not tell me that there was no "qualified" American worker willing to work for this wage.

gomey

[barrenfield]

You're right! It's extremely unfair. Before I can hire a Mexican farm laborer, I have to advertise the position. If an American farm worker qualifies, I have to hire him but not at $9.15. I have to carry workers comp on the Mexican farm worker but not on the American farm worker. I have to provide adequate housing for the Mexican, not the American. And if I let the Mexican go before the end of the contract, I have to provide money for the transporation back to Mexico. Oh also, guarantee 32 hours pay per week whether he works it or not. But to be fair, I have NEVER been able to hire an American worker who WILL work for $9 or $10 to bale hay, muck stalls, and weed eat all day. They always want more money and believe they deserve more. They will take the job but quit before the end of two weeks.

I think the Mexican requirements are a US attempt to curtail the hiring of immigrants and keep the work for American workers. What's wrong with this picture.? Sandy

[gomey]

There are lots of things wrong in the good old USA and things are getting worse, not better. Let's hope for the best and that the people choose wisely this time around. We need to turn this around for the sakes of the United States. It is not as I remember it was when I was growing up. It's not the same at all. Actually, Mexico (at least where I live) is more like the USA used to be, at least they look out for their people, and I don't mean by turning it into a welfare state.

Gomey