Common Questions and Answers
What are the fees for this service?
Employer agrees to pay the following fees:
- U. S. Department of Labor: $100.00 plus $10.00 for each worker.
- It is suggested that a minimum of two permits are applied for – even if only one worker is initially required – to make provision for any unforeseen need to replace a worker or add to the workforce.
- BCIS (INS): $320.00. This fee is a one-time fee if all workers will be arriving out of the same country. You are required to pay this amount for each additional location you bring workers from (i.e. if you have 2 workers that come from South Africa the fee is $320, and if you transfer a worker from another farm, you will then be charged another $320 by the BCIS)
- P.L.U.T.O., Inc.’s administration fee of $ 475 per season, for the processing and filing with the appropriate government bodies.
- Monthly placement fee to P.L.U.TO. Of $45.00 per worker for workers provided by P.L.U.T.O. and continuing support and mediation between a farmer and worker
- Monthly Placement fee, if you already have a worker or recruited one on your own, and want to utilize PLUTO, services the fee will be $20.00 per worker.
How long can a worker stay once they come to my farm?
The H2A program is a seasonal program of a maximum of 10 months, but the BCIS allows a worker a total of extensions up to 36 months, before they must return to their country of origin. These possible extensions are granted by the DOL as long as your operation meets the DOL requirements for seasonal labor.
What is an extension?
An extension is when a worker requests of the BCIS to extend their stay in the USA. This can be done for up to 36 months. Most US consulates in foreign countries especially the South African consulate, discourage this practice as once the worker returns to their country their consulate requires them to remain in the country for a minimum of one year. A worker who would like to do an extension has to sign a PLUTO disclaimer document.
How many seasons can I apply for assistance?
A farmer can apply for both the cropping/ harvesting season and the winter livestock season as long as they have livestock on their location and the job(s) to be performed are classified by the DOL as unique and seasonal, not becoming a year long need. The DOL will determine if they view your need as seasonal and will then approve or deny your application.
What is considered a season?
Crop or harvesting season certifications, on average runs from March 1 to December 31. It is flexible and can be adapted according to your crop, need and program, but once an application went to the DOL, it is very difficult to change. The winter livestock season can start any time between October and December and runs on average until April 30.
What does the DOL require?
The DOL requires that each applicant do the following:
- You must provide an explanation for your seasonal need (We assist with the formulation)
- You must advertise 2 times (1 week apart) in your local area 7 day newspaper (you must use a daily paper)
- You must provide furnished housing with utilities for your workers and have the housing inspected by the DOL
- You must carry workman’s compensation and provide proof of such to the DOL
- When you send in your application you are agreeing to the AEWR (Adverse Effect Wage Rate) of pay, as set forth by the DOL.
- You must reimburse your worker for his flight, train or bus travel (international and internal travel) to and from your location.
What does AEWR stand for and what does it mean?
AEWR stands for Adverse Effective Wage Rate.
AEWRs are the minimum wage rate the Department of Labor determines and must be offered and paid by employers of H–2A workers. AEWRs are annually established in order to prevent the employment of foreign workers from adversely affecting wages of similarly employed U.S. workers. The AEWR is usually reset in early March of each year.
How much does a flight from South Africa cost?
The average flight cost from South Africa is between $1500-$2200. Flight costs varies depending on flight schedules, times of departure and a person’s age. Flights from other countries also vary, but the DOL requires that you have to reimburse the worker’s travel cost based on the “common carrier cost”.
How much must I reimburse for a flight?
Flights are reimbursed as follows: The farmer has to reimburse a worker for 50% of their flight after the worker has worked 50% of his contract and the rest of his flight after the contract has been completed. It is required that a farmer pays the common carrier cost of transportation cost to a worker. (I.e. if a worker does not get the best price for his flight and the farmer feels that the amount is to high, they are only obligated to pay the most common carrier cost.)
How is the travel arrangements booked?
Flights coming out of another country are normally booked by the worker’s agent and done at the best possible rate for the time of desired arrival. Depending on internal rates it is usually more cost effective for the employer to book the internal travel for your worker. (Plane, train and bus can be used.) All bookings done by the employer must please be sent to PLUTO so that we can get it to the worker or their agent before the worker leaves their own country so as to eliminate any confusion after arrival at their port of entry. You are required to make arrangements to collect your worker at the air, bus or train station when they arrive in your area. If you the employer request that a worker travels all legs of this travels by air versus bus or train – then that being a special arrangement which might be costlier than other workers using buses and trains – you would then be required to reimburse that full amount.
How are my workers paid?
Your workers can be paid either weekly or bi-weekly based on what is agreed between you and your worker in the letter of employment. When doing so you must make sure that you are providing the worker with a check stub or payment slip for their records as it is required by the DOL and will be demanded in case of an audit. In case the employer is to be audited by the DOL, and no pay slips were provided penalties of a minimum of $1000 per person can be incurred.
What is a letter of employment (L.O.E.)?
You are required to provide a letter of employment to your worker to take to the consulate, as it is his proof of employment in the USA. You must also give a copy of the letter of employment to your worker upon their arrival at your location, since it is a requirement of the DOL.
Our office provides a prepared letter of employment for this purpose to you. It provides explanation of the expectations and responsibilities of the employer and worker to each other and is based on the standards set forth by the DOL.
What is the average length from the start of the process to the arrival of a worker?
The whole process takes about 80 days. It takes approximately 40 days for the DOL to give you a labor certification, and another 20 days to receive a Notice of Action from the BCIS.
It is critical to take note that the BCIS time frame may vary each season and we will try to provide you with an accurate estimate based on the processing times as published by the BCIS.
Then it takes approximately 3-4 days travel for the Approval Notice to be sent to the country where the worker is.
A time determining factor which we have little control over is the period of time from when you have chosen your worker and how long of a wait the consulate has before the worker can obtain an appointment with the US Consulate.
After the consulate, it takes approximately 7 days to arrange a flight to the USA.
The whole process is subject to how promptly you mail your initial application and how promptly you provide any and all information requested by the DOL (i.e. your advertising, housing inspections and workman’s comp insurance).
Where does the worker coming from and what is their nationality?
We can provide assistance for workers from any country.
We predominately provide workers from South Africa were we have 7 agents in place. The workers are of European descent and English speaking.
We also have access to workers from the Philippines and Australia who are also English speaking.
Can the worker obtain a green card?
In theory a worker can obtain a green card, but only after a very lengthy application process. A worker first has to obtain an EB-3 skilled workers visa, after which he/she can apply for a green card. PLUTO does not provide such a service directly, but can provide information.
You must contact an immigration attorney to help acquire the green card and it is quite expensive. We can provide you with a list of attorneys that provide such a service.