Page 59 - Grapevine July-August 2019

Around The Vineyard

H2-A Visa Program Offers

Vintners Legal Options

By: Kerry Scott
I additional ways H-2A can help vintners, espe- From a Technical Perspective, Here are
‘m going to talk about a couple of specific
some of the Things You Need to Know:
cially vintners who feel they are too small to
support an H-2A workforce of their own. Employers need to be able to file with a common
job description. The work done in each of the vine-
The first concept I want to talk about is H-2A Joint yards does not have to be exactly the same, but the
Employer Contracts. In this model, two or more job description on the application needs to cover
employers can file jointly on a single H-2A contract. all the tasks which might be done in each of the
This allows them to share the up-front costs, share member vineyards. A experienced H-2A agent will
housing AND share workers. help turn your list of tasks into the job description
language the Department of Labor is expecting to
The single most important caveat is that you need see and will be willing to certify.
to know that any other vintner you choose to file
together with has to be as careful, ethical and busi- The application needs to have start and end
nesslike as you are. When you enter into a joint dates which work for every participating employer,
employer relationship you become responsible for as the workers will likely arrive together and will
each other’s actions.
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