Frequently Asked Questions

It is not a good idea to try to incorporate past or present undocumented, or questionable, workers into the H-2B program. They are not eligible for H-2B visas based on their undocumented presence in the US. Sometimes some of them do slip through the cracks by lying, but if they are caught, they may be barred for from several years to life from ever getting any visa to the US. Chances are, the consulate already knows which workers have been illegally present in the US through their extensive data base, and the workers will be denied. This will cost you extra time and money, as you the employer are responsible for paying all the workers visa expenses and ALL of their travel expenses, even if they are denied. There is also a potential liability for the employer for having employed them as undocumented workers and for trying to "legalize" the workers. It is best to only choose highly vetted workers who have never been to the US as an undocumented alien. We can help you with that. Generally undocumented workers are barred from getting an H-2B visas for up to ten years. If the workers have had felonies or even misdemeanors, they may be barred for life.

The best way to find Mexican workers or other foreign workers is by asking family, friends, and your current employees to refer their friends and family. If you don't know anyone to refer workers from outside of the US, we have contacts with thousands of potential workers from several different countries.

We can certainly find workers that speak English; however, it tremendously narrows the potential worker pool.

H-2B workers ARE eligible for US drivers licenses, however not too many states have driving tests or study materials in Spanish. If they have a foreign license, be sure and ask them to bring it with them to the US. Then it's really up to law enforcement whether they will accept that. They SHOULD accept it, since the workers will be legally present with a Temporary work visa. It might be a good idea to speak to several police offices in your area to get their opinion, but don't expect everyone you ask to give you the same answer. It's often officers' judgement, then it would ultimately be up to a judge. The workers should probably carry at least a copy of their visas, passports and I-94's along with their Foreign Drivers Licenses when driving in the US. It would BEST if they carried the original documents instead of copies, but then they risk misplacing those documents which would open up a whole different set of problems.

We can do our best to find workers with the skills you request, but from experience, we have found on-the-job training to be best, that way the workers learn to perform the job the way YOU desire and won't bring their old habits with them. We all know that old habits are hard to break. Many feel it's better to start with a clean slate.

Generally, NO. We help employers be able to legally employ foreign workers, not foreign workers to find employment. Here is a good resource to possibly help workers find an H-2B visa job: H2 Job Board

No, however our clients have had nearly a 100% success rate in getting their H-2B workers from year to year.

This rarely to never happens, but it would depend on how far along we are into the process when we discover this. If you don't get your workers at HOLA's fault, we will refund 100% of your money. Please call us for pricing details at 1-405-612-6298.

We do not take on clients if we feel like they would not qualify. Some service providers may take on any client, take your money and then when you are denied, they'll say, "Sorry, we told you there were no guarantees." Meanwhile you are out thousands of dollars.

Currently, the H-2B program is based on a random lottery. If you "score" well in the lottery, you should get your workers either early, on time, or close to it. If not, you'll have several other chances with subsequent visa releases; however, the subsequent visas may mean the workers come later. This is a very complex issue, but we would be glad to explain further over the phone. 1-405-612-6298.

For the most part, employers must treat ALL employees the same, regardless of whether they are H-2B workers or corresponding US workers. Pay raises may be granted based on merit, but there must be a legitimate reason for any differences in pay among workers, and you must thoroughly document the reasons for those differences. This applies to ALL H-2B workers AND their corresponding co-workers. Ie. Workers with the same job descriptions.

You are required to pay a prevailing wage set forth by the US Department of Labor. The actual wage depends on your geographical location, and it generally varies county to county. (Or Metropolitan Statistical Areas, which could encompass several counties or only a small portion of one county or one city). The prevailing wages are generally fair wages for both the workers and their employers. You may NOT pay less than the prevailing wage nor pay H-2B workers differently than their corresponding US workers without a valid, work-related reason and with documentation. If, in your geographical area, the minimum wage is greater than the prevailing wage, you must pay the higher rate of the two wages.

You are required to pay the highest wage of all the areas where the work will be performed, regardless of where you may be working at any particular time.