Employer alert: H-2A address requirements
In light of the many forms that new employees have to fill out in the workplace, have you ever had the question arise as to the correct address for H-2A workers to list when filling out new hire paperwork? In fact, there is a specific answer to this that may come as a surprise since such documents as paystubs and the Employment Eligibility Verification (I-9) form are overseen by different federal entities. Let’s break these two different documents down.
Paystubs
The Department of Labor's (DOL) Wage and Hour Division oversees H-2A compliance, including pay requirements and provides pay stubs that detail wages, hours, and deductions for H-2A workers. In terms of wage requirements under the DOL, H-2A workers must be paid at least twice per month at the rate stated in their work contracts, and each payday they must be given a pay stub listing pay rate(s), hours worked, deductions, and earnings. H-2A workers must be guaranteed at least 3/4 of the total hours of work stated in their work contract.
And now most recently, it is important to note that the address listed on H-2A worker paystubs must be the employee’s foreign address.
The Wage and Hour Division enforces these requirements, ensuring that H-2A workers are paid correctly and receive their pay stubs.
I-9 forms
Employers are very familiar with Form I-9, Employment Eligibility Verification, issued by U.S. Citizenship and Immigration Services, to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and aliens. Both employees and employers (or authorized representatives of the employer) must complete the form.
In Section 1 of the Form I-9, the worker must provide their U.S. domestic address. This is the physical address within the United States where the employee currently resides. For H-2A workers, this means their local, temporary U.S. address, not their address in their home country.
Questions about onboarding your H-2A workers? Do not hesitate to contact Rosasco Law Group where we can answer any and all of your employment questions.
