Compliance Assessment

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Please verify that you are human* This field is required.

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Legal Disclaimer* This field is required.The information provided in this assessment/report is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. We are not attorneys, and this assessment/report does not create an attorney-client relationship. If you have specific legal questions regarding the H-2A Program or any related matters, we strongly recommend consulting with a qualified immigration attorney or legal professional. Laws and regulations may change, and interpretations may vary—so always verify critical details with a trusted legal source.

I agree.

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Do you live in the U.S.?* This field is required.

YESNO

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What is your first name?* This field is required.

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What is the name of your business?* This field is required.

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Where is your business located?* This field is required.

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Are you taking this assessment to examine your business's compliance for a current, certified H-2A Job Order, or are you preparing for a future H-2A Job Order?Some of the questions in this assessment are more applicable to current job orders. If you are taking this for a future job order, just answer based on what you plan to do.

Current Certified Job Order

Future Job Order

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Where should we send your Compliance Report?* This field is required.We won't give your address to any third-parties; we hate spam, too.

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Which best describes your business?* This field is required.

A business that produces agricultural/horticultural commodities

A business that performs services for farmers but does not produce its own commodities

A business that both produces commodities and provides services to other farmers

None of the above

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Ag Need Note 1

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What sort of work do you need H-2A workers to perform? Select all that apply.* This field is required.

Agricultural work done on a farm

Incidental off-farm work related to producing commodities

Work processing an agricultural commodity out of its raw state

Other non-agricultural work (e.g., long-haul trucking)

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Ag Need Note 2

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Which best describes your need for additional workers?* This field is required.

Seasonal: Recurring annually based on weather conditions/crop farming cycles.

One-time: A single contract for a special project.

Year-round: A constant need for additional workers with little fluctuation.

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When did your current H-2A job start? This is referring to the start date on your current certification, since worker arrival can vary.

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Start - 275 Calc

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Target Date to Submit Info to API 2

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When would you like your future H-2A job to start?* This field is required.

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Start - 90 Calc

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Target Date to Submit Info to API 1

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When would you like your future H-2A job to end?* This field is required.

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Season Duration (Days)

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Date Note

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How many H-2A workers did you request (or plan to request) on your Job Order?* This field is required.

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How did you decide how many workers to request on your Job Order?* This field is required.

It’s a specific number based on my needs.

It’s a specific number based on my needs, plus some extra workers, just in case.

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Worker Number Note

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Do you provide workers with housing?* This field is required.

Yes, I have rented housing OR housing that I own, available at no cost to the workers.

Yes, I have rented housing OR housing that I own, but I charge workers rent.

No, I do not provide housing.

I will provide housing, but I have not made arrangements yet.

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Housing Note

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Do you provide workers with kitchen facilities for meal prep?* This field is required.

Yes, I provide them with full kitchen facilities that can be used for meal prep.

I provide workers with access to basic equipment (e.g., a microwave), but not a full kitchen.

No

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Do you provide workers with meals?* This field is required.

Yes, I provide workers with three calorically-sufficient meals every day (including weekends).

Yes, I provide workers with three meals on work days.

No

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Meals Note

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Do you have the H-2A Rights poster and all required state and federal posters posted somewhere conspicuous?* This field is required.

Yes

I have some posters, but I'm not sure I have all of them.

No

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Posters Note

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Do you reimburse workers for all of the following?* This field is required.1) Transportation costs (e.g., flight tickets) 2) Consulate fees 3) Subsistence costs for meals, lodging, etc. for each day of travel (at the DOL's minimum rate if no receipts are provided and up to the maximum rate if receipts are provided)

Yes

Partially

No

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Reimbursement Type Note

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When do you reimburse workers for expenses incurred traveling TO your worksite at the beginning of the job?* This field is required.This includes travel costs (tickets), daily subsistence (meals and lodging), AND consulate fees. For subsistence costs, employers must reimburse, for each day of travel, at least the minimum set by the DOL if workers do not provide receipts and up to the set maximum if workers do provide receipts.

I pay these costs upfront and/or reimburse these costs within the first pay period after arrival.

I reimburse these costs at the half-way point of the job.

I don't reimburse these expenses (or I only reimburse some of them).

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Inbound Time Note

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When do you reimburse workers for expenses incurred traveling BACK TO THEIR HOME COUNTRY at the end of the job?* This field is required.This includes travel costs (tickets) AND daily subsistence (meals and lodging) when workers do not take a subsequent job after yours (since the next employer would be responsible for costs to get to the subsequent job). For subsistence costs, employers must reimburse, for each day of travel, at least the minimum set by the DOL if workers do not provide receipts and up to the set maximum if workers do provide receipts.

I pay these costs upfront and/or reimburse these costs along with the inbound expenses (e.g., with a round-trip ticket).

I reimburse these costs at the end of the job.

I don't reimburse these expenses (or I only reimburse some of them).

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Outbound Time Note

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Do you provide workers, at no cost to them, with transportation to/from the worksite each day AND to/from a grocery store at least once a week?* This field is required.This can include commercial transportation OR a vehicle they can use to transport themselves, if fuel costs are covered/reimbursed.

Yes

No

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Transportation Note

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Do you provide workers, at no cost to them, with all gear, tools, and safety equipment necessary for the job AND a means of two-way communication?* This field is required.

Yes

No

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Gear Note

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How much do you pay H-2A workers per hour?* This field is required.

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How often do you pay workers?* This field is required.

Weekly

Bi-weekly

Twice per month

Once per month

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Pay Frequency Note

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Do you provide workers with pay slips?* This field is required.

Yes, at the end of every pay period

Yes, once per month

Yes, at the end of the season

No

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Pay Slips Note 1

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Do you include ALL of the following on workers' pay slips?* This field is required.1) The worker’s full name 2) The worker’s permanent address 3) Your FEIN 4) Your business name and address 5) The dates of that pay slip’s pay period 6) The clock-in/clock-out times for each day 7) The total number of hours worked each day 8) The number of hours of work offered each day 9) The total number of hours worked in the pay period 10) The total amount paid for the pay period 11) Any deductions 12) The date of payment

Yes

No

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Pay Slips Note 2

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Do you take any deductions from H-2A workers’ pay? Select all that apply.* This field is required.

Taxes

Deductions for damages to equipment, vehicles, housing, etc.

Deductions for provided services (laundry, housing cleaning, internet, etc.)

Other deductions

None - I do not take deductions.

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Deductions Note

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Do you pay H-2A workers overtime?* This field is required.

Yes, after the number of hours specified by my state’s overtime laws

No

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Overtime Note

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Do you track each worker’s work hours offered?* This field is required.

Yes, and I use it to make sure I offer at least ¾ of the total hours listed in the application.

Yes, but I just use the number of hours offered each day listed on the application.

No, I do not track hours offered.

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Hours Offered Note

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For tax purposes, how do you categorize H-2A workers?* This field is required.

W2 employees

1099 employees

Other/I don't categorize them.

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Classification Note

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How do you handle H-2A worker Federal Income Taxes?* This field is required.Note: H-2A workers are exempt from Social Security, Medicare, and Federal unemployment taxes.

I always withhold taxes.

I withhold taxes if the worker requests it and signs a W4.

I do not withhold taxes.

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Taxes Note

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What do you do if a U.S. worker applies for the H-2A job anytime prior to the job's 50% date?* This field is required.

I interview the worker and offer him/her the job if he/she is qualified.

I interview the worker and offer him/her the job if I have job positions open.

I let the worker know the job positions have been filled by H-2A workers.

I do nothing.

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Applicant Note

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When do you complete reports about U.S. worker recruitment? Select all that apply.* This field is required.

During the application process

At the half-way point of the job

N/A - I do not complete recruitment reports.

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Recruitment Report Note

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When H-2A workers arrive, do they go through a formal onboarding process to sign employment paperwork?* This field is required.This includes things like the Form I-9, but also a confirmation that they have not paid prohibited fees, a confirmation that they were reimbursed for travel expenses, etc.

Yes

Partially

No

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Onboarding Note

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Do you help workers get Social Security Cards when they arrive and then keep the numbers for your records?* This field is required.

Yes

No

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SS Note

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How do you get copies of workers' travel documents?* This field is required.

I hold on to the original documents for the duration of the job.

I collect documents from each worker and return them later after I've made copies for my records.

I collect each worker's documents, immediately copy them, and immediately give the originals back to the workers.

I don't make copies of documents.

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Travel Doc Note

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Do you charge workers any fees? Select all that apply.* This field is required.

Recruitment fee (as reimbursement for H-2A service costs or recruiter fees)

Rental fee for housing

Rental fee for equipment

Rental fee for borrowed vehicles

Other

None - I do not charge any fees.

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Fees Note

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Do you contractually forbid agents/recruiters from charging prohibited fees to workers?* This field is required.

Yes

No

I'm not sure

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Agent Contract Note

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Do you ask or allow workers to perform duties outside of their job description or at unauthorized worksites?* This field is required.This includes asking workers to help out neighbors during slower days (unless such work is included in the Job Order).

Yes

No

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Unauthorized Work Note

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How long do you keep your records from your use of the program?* This field is required.

I do not keep my records

Until the H-2A job ends

One year after the job ends

At least three years after the job ends

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Recordkeeping Note

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