Employment Security Department: Frequently asked questions -- March 2009
Foreign guest workers
Q. What is the H-2A/guest-worker program?
A.
The federal Alien Employment Certification H2-A program allows agricultural employers to import foreign workers temporarily when there are not enough qualified U.S. workers available. Employment Security’s official role in the H2-A application process is to oversee efforts to recruit U.S. workers and to help the federal government determine whether a labor shortage exists.
Once an employer is approved for participation, the department assures compliance with program requirements, such as paying prevailing wages and workers’ compensation insurance, providing adequate housing and meals, and paying for workers' transportation to and from their home country. Beginning in 2009, WorkSource began verifying employment eligibility by completing I-9 forms for U.S.-based job seekers who are referred to all H-2A job orders.
An H2-A application must be submitted to the U.S. Department of Labor at least 45 days before the workers are needed. Agricultural employers interested in learning more about the program should contact Employment Security’s Oscar Trevino at 360-486-5945; reporters should contact Jennifer Peppin at 360-902-0904.
Once an employer is approved for participation, the department assures compliance with program requirements, such as paying prevailing wages and workers’ compensation insurance, providing adequate housing and meals, and paying for workers' transportation to and from their home country. Beginning in 2009, WorkSource began verifying employment eligibility by completing I-9 forms for U.S.-based job seekers who are referred to all H-2A job orders.
An H2-A application must be submitted to the U.S. Department of Labor at least 45 days before the workers are needed. Agricultural employers interested in learning more about the program should contact Employment Security’s Oscar Trevino at 360-486-5945; reporters should contact Jennifer Peppin at 360-902-0904.
Q. Does Employment Security verify the legal residency of unemployment-insurance recipients and/or job seekers who receive WorkSource job referrals?
A.
The Employment Security Department works with the federal government to verify the Social Security numbers and the legal residency of all unemployment-insurance applicants. Therefore, anyone receiving unemployment benefits is legally entitled to work in this country and is eligible to receive a WorkSource job referral. Beginning in 2009, WorkSource began verifying employment eligibility by completing I-9 forms for U.S.-based job seekers who are referred to all H-2A (foreign guestworker) job orders.
Q. Does Employment Security have information about how many foreign workers are employed in Washington?
A.
The Employment Security Department has no information about workers’ citizenship.

