H-2A & H-2B Employer Compliance

What we do for H-2A and H-2B employers

Mendoza Immigration represents Sacramento Valley growers, Mesa landscaping contractors, and seasonal hospitality operators through every stage of the H-2 program. Unlike most immigration practices, our H-2 work is compliance-first: we assume a Wage and Hour Division (WHD) audit is coming and build your file so it withstands one.

H-2A regulatory deadlines (agricultural)

1. 75–60 days before need — file Form ETA-790/790A job order with the State Workforce Agency.
2. 60–45 days before need — file Form ETA-9142A and appendices with the Chicago National Processing Center.
3. 30–14 days — recruit U.S. workers, post the job, contact former employees, and document every applicant outcome.
4. Day 0 — file Form I-129H petition with USCIS California Service Center after DOL certifies.
5. Consular processing at Monterrey, Hermosillo, or other H-2 visa post.
6. Arrival — meet the AEWR (Adverse Effect Wage Rate, currently \$19.97/hour for California in 2026), provide free housing that meets OSHA or HUD standards, free transportation and subsistence, and the three-quarters guarantee.

H-2B regulatory deadlines (nonagricultural)

Same framework with critical differences: a 66,000 annual cap (33,000 per half), prevailing-wage determination from the National Prevailing Wage Center under 20 C.F.R. § 655.10, and a tighter recruitment standard under 20 C.F.R. § 655.40–.46.

Why employers face strict liability

The H-2 programs use strict-liability enforcement under 29 C.F.R. § 501 (H-2A) and § 503 (H-2B). WHD does not need to prove intent. Single-incident penalties published in 2026:

• Wage violations — back wages plus civil money penalties up to \$1,932 per violation, per worker.
• Housing or safety failure — up to \$58,030 per violation if it caused serious injury.
• Recordkeeping deficiencies — up to \$5,791 per violation per worker.
• Layoff of U.S. workers within 60 days before need (H-2B) or 30 days (H-2A) — automatic disqualification.
• Three-year program debarment for "willful" or "substantial" violations.

A single careless paystub error, multiplied by 40 workers and 26 weeks, can create exposure in the six figures and end your access to the program.

Admissibility and worker-side issues

Even a perfectly compliant employer file collapses if the worker is inadmissible:

• Prior overstays trigger the three- and ten-year bars under INA § 212(a)(9)(B).
• Misrepresentation at a prior consular interview under INA § 212(a)(6)(C)(i).
• Smuggling under INA § 212(a)(6)(E) — even helping a relative cross.
• DUI and domestic-violence arrests are flagged in the consular CCD database and routinely trigger 221(g) refusals.
• Returning Worker rules and the three-year maximum stay under 8 C.F.R. § 214.2(h)(13) limit recapture and re-admission.

We screen every named worker against these grounds before the petition is filed, identify any 212(d)(3) nonimmigrant waivers needed, and build the consular packet to clear them.

Our compliance program

• Pre-season audit of last year's recruitment file, wage records, and housing inspection.
• Drafting and filing of ETA-790/790A and ETA-9142A/B with all appendices.
• Worker-side INA § 212 admissibility review and 212(d)(3) waiver strategy.
• Form I-129H petition with USCIS.
• Consular packet for Monterrey, Hermosillo, Mérida, or other H-2 posts.
• Mock WHD audit with corrective-action plan.
• Representation in active WHD investigations and DOL administrative hearings under 29 C.F.R. § 501.30 / § 503.40.
• Coordination with state ag-labor and OSHA inspections.