TNLA Green Report Podcast, Season 4, Episode 10: New H-2A Rules, New Challenges with Arnulfo Hinojosa

⏱️ 26:43 🎤 Curtis Smith, Arnulfo Hinojosa

AUDIO EPISODE

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Introduction to H-2A New Rules

Curtis Smith introduces Arnulfo Hinojosa and the webinar's focus on new H-2A rules and their implications for employers.
4:44

Understanding New Wage Determination

Arnulfo explains the new tiered wage system based on job classification (Level 1, Level 2) and how it differs from previous methodologies.
12:24

Paying Above Adverse Effect Wage

Discussion on how employers can pay H-2A workers above the determined adverse effect wage rate based on tenure or experience, and the importance of disclosure.
18:20

Incidental Task Clarification

Arnulfo clarifies the new primary duties test for incidental tasks, emphasizing that the majority of job duties determine classification.
25:23

Staggered Start Dates Explained

Details on how staggered start dates work, allowing employers to bring in workers at different times within a single H-2A application, while maintaining a common end date.
31:55

H-2A Interview Waiver

Arnulfo discusses the positive impact of the continued interview waiver for returning H-2A workers, improving appointment availability and processing times.
40:19

Legal Landscape & Electronic Filing

Discussion on potential litigation around new wage rules and the positive move towards electronic filing for H-2A petitions.
47:15

Key Actions for Employers Now

Arnulfo provides three actionable insights for employers to prepare for the upcoming H-2A filing cycle based on new rules.

Speakers

Curtis Smith

Host — Director of Legislative and Regulatory Affairs at the Texas Nursery and Landscape Association

Arnulfo Hinojosa

Chief Operating Officer of Fiwa

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Define job duties clearly for each position to ensure correct wage level classification (Level 1 or Level 2).

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Disclose any intention to pay H-2A workers above the determined adverse effect wage rate based on tenure or experience in the application.

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Utilize staggered start dates to manage workforce needs throughout the season, but ensure a common end date for all workers.

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Understand that the H-2A interview waiver for returning workers can streamline the visa appointment process.

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Embrace electronic filing for H-2A petitions to potentially save time in the application process.

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Be mindful of the 'primary duties test' when assigning tasks to H-2A workers to avoid misclassification.

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Do not add significant new job duties mid-season without proper disclosure, as it could be considered a material change.

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