H-Visa Solutions

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H-Visa Solutions We help companies navigate the H-2A and H-2B work visa program which, is governed by the Immigration Nationality Act. Helping U.S. Experienced. Transparent.

businesses solve workforce shortages through reliable H-2A, H-2B, and EB-3 visa solutions. Results-driven. At H-Visa Solutions, we specialize in connecting U.S. employers with qualified international workers through the H-2A, H-2B, and EB-3 visa programs. With decades of combined experience in immigration compliance and labor law, we streamline the complex application process from start to finish. Our mission is to reduce costs, minimize abandonment rates, and ensure a dependable workforce for seasonal and long-term staffing needs. Whether supporting agriculture, construction, hospitality, or landscaping, H-Visa Solutions delivers proven results with full transparency and dedication to client success.

📋 Is building a livestock facility agricultural work under the FLSA?This question comes up more than you'd think, and th...
10/14/2026

📋 Is building a livestock facility agricultural work under the FLSA?

This question comes up more than you'd think, and the answer is not as simple as "it's on a farm."

I just published an article breaking down exactly how the FLSA agricultural overtime exemption applies to on-farm construction, including when contractor employees can qualify and when they can't.

Key points employers and contractors need to know:

✅ The FLSA's agricultural exemption has a secondary branch that can cover on-farm construction under specific conditions
✅ Contractor status alone is not disqualifying — but it's not a free pass either
✅ The connection must be to THAT specific farm's production, not agriculture generally
✅ Necessity alone does not establish the exemption (the Supreme Court confirmed this)
⚠️ H-2A certification and FLSA agricultural classification are SEPARATE analyses — don't confuse them

With over 20 years of experience including time as a Senior Federal Investigator with the DOL Wage and Hour Division and a 98% approval rate at H Visa Solutions, I built this framework from both sides of the enforcement table.

Read the entire article at www.hvisasolutions.com

Drop a comment or DM us if you have questions about your operation's classification or H-2A compliance.

Most H-2B denials start here, quietly.I saw these mistakes often in federal review. Missing seasonality proof, weak job ...
10/13/2026

Most H-2B denials start here, quietly.

I saw these mistakes often in federal review. Missing seasonality proof, weak job duty language, and late filings can sink a case fast.

Want a second set of eyes before you file? Send me a message.

John Bedell, H-Visa Solutions

When does building a livestock facility qualify as agricultural work under the FLSA?It is one of the most misunderstood ...
10/13/2026

When does building a livestock facility qualify as agricultural work under the FLSA?

It is one of the most misunderstood questions in agricultural labor compliance, and I have seen it handled poorly in both directions during my years as a DOL Wage and Hour investigator and in my current work advising employers.

My latest article, "Farm Construction and the Boundaries of Secondary Agriculture," addresses this directly.

A few key points:

The FLSA's agricultural exemption has two branches. Primary agriculture covers cultivation, harvesting, and raising livestock. Secondary agriculture covers practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations. Those two alternatives should be examined separately.

Contractor status is not automatically disqualifying. 29 C.F.R. § 780.136 expressly identifies contractor employees erecting silos and granaries as potentially performing secondary agriculture when the statutory conditions are met. The question is whether the work is incidental to that particular farm's production, not whether the employer holds a contractor's license.

The "particular farm" requirement is the meaningful boundary. A building intended to serve multiple farms' grain storage breaks the required connection. The analysis must examine the specific operation being served.

Necessity alone does not establish the exemption. The Supreme Court confirmed this in Farmers Reservoir. A farmer's need for the completed facility does not settle the classification of every worker involved in building it.

The article also distinguishes H-2A program eligibility from the FLSA overtime analysis, which are separate questions that practitioners sometimes conflate.

Read the entire article at www.hvisasolutions.com

If you are navigating agricultural workforce compliance, H-2A program requirements, or FLSA classification questions, reach out. This is the work we do every day at H Visa Solutions.

ATTENTION H-2B Employers — are you looking for workers who are already here and ready to start?H-Visa Solutions is activ...
10/10/2026

ATTENTION H-2B Employers — are you looking for workers who are already here and ready to start?

H-Visa Solutions is actively recruiting H-2B workers currently in the United States who are looking to transfer to a new employer.

These workers already have a valid H-2B visa. They are cleared, documented, and available. The transfer process moves faster than a new petition — and we manage every step of it for you.

What we handle:
✅ Confirming worker eligibility for transfer
✅ Filing the transfer petition with USCIS
✅ Payroll setup and compliance from day one
✅ I-9 and employment records for transferred workers
✅ Full H-2B compliance management throughout employment

Industries we currently serve: landscaping, construction, hospitality, and more.

Start dates and positions vary by employer. If you have an immediate need, reach out now — available workers go fast.

H-Visa Solutions is a compliance consulting firm. We are not attorneys. Our team brings 20+ years of H-2 visa and DOL Wage and Hour experience directly to your workforce program.

📞 605-940-2521 | 🌐 hvisasolutions.com
Comment TRANSFER below or send us a message to get started.

Does building a livestock facility qualify as agricultural work under federal law?The answer depends on facts that emplo...
10/09/2026

Does building a livestock facility qualify as agricultural work under federal law?

The answer depends on facts that employers and contractors often overlook. My new article, "Farm Construction and the Boundaries of Secondary Agriculture," walks through the FLSA analysis in detail.

Here is what the review actually requires:

**Where the work occurs.** On-farm construction is a starting point, not a conclusion. Location alone does not establish the agricultural exemption.

**What the facility will be used for.** A poultry house designed for that farm's own production is a different argument from a storage building serving multiple operations or speculative development.

**How the work connects to that specific farm.** The "particular farm" requirement is the controlling boundary. The connection must be to the farming operations on that farm, not to agriculture in general.

**How the work is organized.** A contractor's separate business is relevant evidence. So is integration with the farm's production cycle, animal schedules, and biosecurity requirements.

As a former Senior Federal Investigator with the Department of Labor Wage and Hour Division, I have conducted these analyses from the enforcement side. Now I help employers and contractors understand where the lines are before a problem arises.

The article also addresses H-2A program eligibility and why it should not be treated as a substitute for the FLSA overtime analysis.

Read the entire article at www.hvisasolutions.com

Hiring season headaches piling up fast?If the paperwork, vendor delays, and compliance questions are turning into a dail...
10/08/2026

Hiring season headaches piling up fast?

If the paperwork, vendor delays, and compliance questions are turning into a daily fire drill, you are not alone. H-Visa Solutions helps employers clean up the mess and move forward with confidence. ✅

Former DOL experience. Veteran-owned support. Turnkey H-2A and H-2B guidance.

Send us a message if you want the next season handled the right way.

Prevailing wage compliance is one of the most common H-2B violations I encountered as a DOL Wage and Hour investigator —...
10/08/2026

Prevailing wage compliance is one of the most common H-2B violations I encountered as a DOL Wage and Hour investigator — and it is still happening today.

Here is what employers consistently get wrong:

The prevailing wage is not the minimum wage. DOL sets it based on your specific occupation, your specific county, and the exact employment dates in your job order. Pay anything below that rate and you are in violation — even if your workers never file a complaint.

For H-2A employers, the Adverse Effect Wage Rate (AEWR) applies and it changes annually. If your rate expired mid-season and you did not update payroll, you may already have a compliance gap.

Our payroll administration closes that gap by:
- Verifying wage rates before the first paycheck is issued
- Documenting each pay period against the required rate
- Tracking annual AEWR updates and applying them automatically
- Producing certified payroll records on request

This is not legal advice. H-Visa Solutions is a compliance consulting firm with 20+ years of H-2 experience and direct DOL Wage and Hour investigator background.

If you are not sure your payroll rates are correct, that is a conversation worth having before an investigator shows up.

📩 Message me directly or visit hvisasolutions.com

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5129 S Lakeland Drive Suite 4
Lakeland, FL
33813

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Tuesday 8am - 5pm
Wednesday 8am - 5pm
Thursday 8am - 5pm
Friday 8am - 5pm

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