This article aims to clarify a bundle of misconceptions and misperceptions which go around the topic of the H2B program.

Lately, it has been observed that the program of H2B and its cap crisis have portrayed the need of American employers and seasonal businesses to hire temporary workers. The US citizenship and immigration services have come to understand the psyche of US employers and their preference to hire American workers and pay them rather than foreign workers.

The companies and employers are well aware of the fact that the process of H2B costs them their time. They also know that the H2B program swindles through the means of four separate state departments.

Generating this kind of labor employment is viewed as very tiresome and frustrating for employers to bring a foreign worker for a few months, which costs them $1,500 to $3,000 per worker. Additional $1-$3 per hour are added by the administrative costs that employers must pay along with the transportation costs.

Contrary to the wishes of various US employers, they have to resort to foreign workers through the H2B program over American workers since there is a major shortage of temporary, seasonal workers in several parts of the US during the summer, which benefits the economy.

There has always been a trend wherein employers already go for American workers and would hire more of them if they were readily available. Unfortunately, to fill the labor shortage requirement, businesses need to go through the H2B program.

This guide is for those employers whose understanding of the H2B program is not complete and who want to go more into the intricacies of the US labor laws. Since the reality of immigration laws is very complex, it can be seen how easily misconceptions can arise and create doubts regarding the subject.

Notorious Myths about H2B Program

As part of Herman Law Group, we lay out a guide for you to separate multiple misconceptions from reality:

Myth #1: H2B program is robbing Americans of their jobs

This idea is eating up the brains of many Americans who are struggling with their search for jobs in the nation. Those seasonal employers who recruit under the H2B program go through an intensive recruitment period under the department of labor.

The department scrutinizes the H2B applications and makes a call to make sure that the H2B worker who is recruited costs no Americans his job in the country.

There’s also a different side to this argument wherein H2B workers rather support American jobs than put them in jeopardy. The H2B program creates access for the businesses which function seasonally and employers to operate at a greater capacity by retaining their full-time workers and being eligible to contribute to the economy.

There is a renowned study by the American Enterprise Institute which states that every H2B worker under the program aids in creating and sustaining 4.64 American jobs. If there was no existence of the H2B program, multiple seasonal employers would go out of business due to a dearth of such H2B workers. The ones who could survive would report operating at a much lower capacity.

Myth #2: If there are unemployed Americans in the nation, then there is no need for foreign workers:

In reality, positions through the program are considered to be very short-term profiles dealing with a temporary job structure. The nature of such jobs is temporary and does not always grant a permanent position.

A worker who opts for such a position will be most likely out of labor in another 3-to six months solely because the nature of the work has come to a halt. For the majority of the people, such as college students, their point of view in finding a job is to stay at the same job for a considerable amount of time and not just for a short period of time.

The biggest reason why worker positions can’t get easily filled by Americans is that most unemployed workers are not where the job position is open. As a way of an example, we have observed that resort communities often have high labor unemployment rates due to the reason that they are very transient communities.

In addition to this, there are many other H2B jobs that are located in the deep remote areas of the country, such as the forests of Maine and the coast of Alaska. The bottom line is that H2B employers wish to hire as many American workers for labor as possible.

Myth #3: The H2B program encourages the concept of illegal immigration

The realistic approach to this myth is that the H2B program discourages illegal immigration. The regulations of h 2b promote diverse classification with regards to jobs which gives employers the opportunity to fill peak workload job vacancies legally with h 2b workers.

If the concept of the h 2b program was not present, most of the employers would be violating labor laws to remain in business which could cost the h 2b workers their transparency. Employers use the foundation of this program to ensure that their workers return to their home nation/origin as soon as the work gets finished.

The law around which the h 2b program revolves has also seen action from the state department towards the employer for the reason of unfavorable return rate of h 2b workers. The term ‘non-immigrant worker’ specifically means that the h 2b workers do not reside in the country for a long period of time.

In addition to this, the law particularly states that if the h 2b workers get terminated and chucked out from the job, the employer has to pay for the worker’s expenses and costs.

Myth #4: Individuals on welfare ought to be taking all of such jobs for the sake of labor laws

There have been a few example(s) wherein a few people on welfare could be at least temporarily aiding themselves; oftentimes, recipients are not qualified to do the available work or are not residing in the area where the work profile has been created. For instance, a worker applying for the position of an oceanfront lifeguarding position relating to welfare ought to know how to swim.

The requirement to apply for construction-related jobs requires a worker to do the heavy lifting labor. Resort maid services often go for the responsibilities that most of the workers could handle and perform, but the workers ought to shift their base to the area of the resort during the short period of time when the work is available.

Myth #5: h 2b program is considered a legal form of indentured servitude

The harsh reality is that the same American workers who crib about not getting enough job opportunities argue this point in question. The majority of Americans are jumbled about the fact why a worker from Eastern Europe or Central America would sign up for cheap labor employment in the US for a meager amount of wages when his arrival itself costs a humongous amount of money.

Americans ignore the benefit-oriented fact that in many countries, it is not rare for the annual income for families to be under the amount of $5,000 per year as wages earned.

What an h 2b worker can make in the matter of four months in the US is what it would cost him an entire year if he were in his home nation even in perfect health, which adds to their cost benefits.

The h 2b workers are only permitted to work for the employer who has sponsored them. As a result of this process, workers cannot undertake risks and do not have the same privileges as an American worker would have. This costs them their freedom of job choices.

This employment criterion is in existence so that the worker does not displace American workers while residing in the United States.

Myth #6: The program of h 2b promotes outsourcing jobs

The majority of the experts and employers say that h 2b promotes the ‘in-sourcing’ of the jobs. Employers pay the taxes to the US government, and employers have all the essential number of h 2b workers they need to cover the amount of such paid taxes.

Multiple theories have been proved correct, which said that without the presence of a program such as h 2b, unemployment is deemed to rise. One of the reasons which contribute to such a situation is that seasonal businesses will no longer be able to operate otherwise.

Myth #7: Seasonal businesses must pay more wages, and only then they will be able to find workers

This statement is not even nearly reasonable for a business, but it may hold true in a few circumstances. The level of pay ought to be commensurate to the kind of tasks being performed by the workers to be paid that wages. For instance, if companies employ workers to make hamburgers for $20 per hour, then the question which arises is, will other people even be able to pay for them?

Myth #8: College students ought to fill in these h 2b jobs under the program

Unfortunately, this is the norm that most of the h 2b employers follow. They employ students as workers from college in bulk when it comes to filling positions for jobs under h 2b. The employers believe that the students from college act as cheap labor to earn satisfactory wages, as the employers are directed to pay the h 2b workers above the Level 3 wage rate.

Students are also encouraged by their families to go to the same country instead of being employed under h 2b. The students also cannot act as h 2b workers since the vacation time and the time that vacancies are available do not coincide and can cost them academic misfortune.

To push cheap labor into action, h 2b employers and seasonal businesses will hire as many students from colleges as they can and turn them into h 2b workers to earn wages as per their requirements.

Reach us out for help

There are a lot of myths around the topic of h 2b, and attorneys at Herman Law Group are adept at catering to the needs of the employers as well as workers and remove all doubts by providing authentic information and regulations ruled out by The U.S. Citizenship and Immigration Services (USCIS). Our firm consists of a remarkable staff of attorneys who can help workers to decide on which visa category to opt for as well as to sort out the paperwork for the same.

Our attorneys can also help you in submitting the application early so that the year doesn’t pass by when you apply. Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online.  Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.

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