Guest Worker Services system FAQ's
- What happens if LLS is unable to contact a requested worker in time for submittal to the United States Consulate?
The system is a live system. If LLS calls the worker and we find out the number is incorrect, you will know immediately because all phone calls are logged. You will be given the opportunity to either enter a new phone number, contact the worker by a third party or be given the option of providing a new worker name and phone number. Any event in Mexico is uploaded to the system in a matter of minutes.
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- Why does LLS have more than one office or regional offices?
Regional offices give LLS a more flexibility and in the long run, less expense to the worker. By checking into a regional office, this allows the worker(s) from having to spend up to 3 or 4 days at the United States Consulate. Instead, workers only have to spend one day and in some instances one night before departing for the United States. Secondly, the United States Consulate frequently transfers petitions to different Consulate locations throughout Mexico. This decreases the travel and expenses for the worker.
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- Do I have manually enter the names and phone numbers of requested workers each year when submitting an order?
No, once a worker has been assigned into the LLS system, the following year, the employer or agent has the option of checking off returning workers they wish to be processed for the coming season. If all of the order data is the same, the entire process takes less than 5 minutes.
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- I have a large number of workers I need to enter for the first year, but I don’t have the time to enter each and every name, is there an alternative?
Yes, the system has an import function that can allows information to be imported from either Access or Excel databases. There are instructions and examples provided in order to make sure the formatting is correct. With extremely large orders, we have help staff that are capable of entering the data on the clients behalf.
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- What is the difference between adding a Company and entering an Order in to the LLS system?
You will add the company information once, however, each year, you will need to enter an Order. The Order entails information regarding the workers, crossing dates, wage information, work conditions, length of season, Etc.
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- What if I add an order but I’m not sure of the crossing date?
The United States Consulate in Mexico requires the petition to be authorized before determining a crossing date. Therefore, all crossing dates will be entered as TBD (To Be Determined) Once the Consulate acknowledges they have received the approved Petition from USCIS, they will grant a submittal date. At this time, LLS will update the order and enter the correct crossing date.
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- Why is it necessary to enter estimated housing expenses and utilities, employment information, etc, when H-2B does not mandate that the employer provide for housing expenses?
Although H-2B laws do not mandate the employer provide housing, it is paramount that the worker has an estimate of the living expenses. In addition, it is the employers responsibility to set up housing arrangements.
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- How will I be notified if a worker rejects employment or is denied a visa by the U.S Consulate?
Once a worker decides not to accept employment, a notification alert is immediately sent to the employer or agent/Attorney. This allows the client to enter a replacement name and phone number. If the worker is rejected, the results are posted immediately on your order after the U.S consulate returns the passports and visas.
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- How long does it take LLS staff in Mexico to view an Order?
All new orders are viewed instantly. The system generates an notification alert of any new order or change in the order immediately.
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- If a worker decides to return home or is terminated, Can LLS replace the worker?
The worker can be replaced within 10 days provided that the employer has enough unused visas. However, the U.S. Consulate will also determine the replacement date.
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- Why does LLS take a picture of each worker that is assigned into the system?
We take a picture each year to update our system. In order to submit a worker visa application, an up-to-date photo is required. In the event a passport photo is lost, we can instantly print a new photo and not cause any delay with the Consulate. Secondly, there are occasions that employers don’t recognize the worker that was assigned. With photo recognition, this just provides another layer of security.
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- How long does it take for a worker in Mexico to check in and be assigned?
Once a worker has been contacted, he or she is given instruction where the closest office is located. The first time, it may take a total of 15 minutes for the information to be entered into the database. For returning workers who are already entered into the database, the entire procedure takes 5 minutes. The worker reviews the information we have on record, checks off the required questions mandated by the State Department, and is sent on his way home. All forms are computer generated. Information from the employer’s petition is merged onto the workers visa application. (DS-156 and 157) LLS is the quickest processor in the H-2B business. The bar code that is required by the State Department is automatically printed out. With other processors, the worker may have to wait up to 30 minutes to one hour or longer. LLS does not need to generate the bar code off of the State Departments website vs. other processors have to log onto the web and hope they are able to log on and successfully finish the form.
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- Why do I lose entered information when I click on another tab?
When you enter or change information on a page, you must click the Save button before you click on a different tab or if you hit the back button. Failure to do so will result in all data that was previously entered to be lost.
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- Why does the system request that I enter a date after completing a directive within the system?
The LLS system keeps track of each application completed and sent to the various government agencies. LLS has determined an “average” time that the particular step should take. If an application falls outside the “average” estimated time, the user will be notified that there may be a problem with the petition. Contact names and phone numbers of the government agency are alerted to the user are provided in order for the user to keep their order on track and on time. The user will be prompted that the each step is completed and a date and time be entered. Until the step has been checked off as completed, the system will continue to prompt the user. We call this the “Server Nanny” The Server Nanny is only interested in making sure your petition stays within the average time it should take for completion.
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- When I enter the wage and living expense information, the system warns me that the expenses are above 15% of the wage. How does that impact me?
LLS has several years experience of data collected. Our statistics reveal that success in retaining workers is related to how much the worker(s) can save. This should be considered a warning signal to the user. It does not mean the worker will quit his or her job prematurely, but the percentages of awol rates are go up in correlation with the higher living expenses.
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H-2B FAQ’s
- Are there eligibility requirements for a company to apply for a H-2B visa?
Any US employer who can demonstrate a seasonal or peak load recurring labor need may apply for the H-2B program.
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- How long can an employer request and employ a H-2b worker(s)?
Workers may be employed from two to ten months of the year, however, the job description and duties will dictate the length of employment.
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- Do employers have to provide housing?
The H-2B employer is under no legal obligation to provide housing, however the employer is responsible for making arrangements prior to the workers arrival. Workers are responsible for all housing costs and reasonable related expenses.
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- How soon does one need to apply for H-2B visas?
The application must be sent to the state employment agency 120 days before the date workers are needed.
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- Is there a guideline in place to determine how much workers should be paid?
Yes, in fact there is a database provided by the Department of Labor. Each job in every state has a prevailing wage associated to it. Employers must pay the prevailing wage to the workers. In some states and even some counties within the same state, the prevailing wage is very low and you may need to offer a higher wage that the prevailing wage in order to attract reliable workers.
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- What if a worker is terminated?
If a worker is terminated, the employer is responsible for paying for the return transportation and related expenses.
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- What is premium processing and do I need it?
Premium processing is a way to expedite the application with the USCIS. The cost is $1000.00 dollars and we highly recommend it. Companies who have not applied with Premium Processing can expect 3 to 4 month delays beyond the 100 to 120 days it normally takes to receive authorization. In order to file Premium Processing, you must file the I-907 form which is supplied in the LLS system.
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- How does LLS interviews to add new workers into its data base?
First and foremost, if the company is requesting new workers, we ask for details in what kind of tasks the experience the worker must have. Based on that, LLS-Mexico has a growing database of over 20 thousand workers, which can be queried by job experience, education, age, occupation, etc.
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- Can I provide my own worker names for LLS to process?
Absolutely, but we will need a good phone number and sometimes a backup number to ensure that the worker checks in on time.
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- I have workers who currently work for me. I know these workers are probably in the United States illegally, can I use the H-2B program in order to legalize them?
Workers must prove they have been living in Mexico for 12 to 18 months consecutively before they are eligible for a work visa. In addition they might also be requested to prove ties and solvency in Mexico.
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- How many times can a worker come up on the H-2B program?
Indefinitely. One of the most important benefits of this program is that it offers you the opportunity of retaining trained seasonal employees. You do not have to start all over again with training an entirely new staff each spring. Most employees, if treated fairly and with respect, will want to return to your company year after year.
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- Can a worker that I sponsor for a visa, work for another company?
The worker can only work for the employer who was authorized. If a worker decides to work for another company, he or she risks the opportunity of ever receiving a U.S. work visa and if caught by authorities, could be deported.
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- How long are H-2b visas valid?
Under most situations, worker can be authorized from 2 to 10 months.
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Contact us. We’ll be happy to help you.
