Hiring Viticultural Staff In The US
The following is not legal advice this is general information and not to be relied upon. The requirements and rules in this area change and it is recommended to seek professional advice or do your own research.
Posting job listings
Some places to consider posting job listings are below;
California Interns 2023 (Facebook)
Traveling Winemakers (Facebook)
List of recruiters
US Viticultural Recruiters List
What to include in your job posting.
What tasks the role involves, many people travelling to the US will be interested in gaining experience in a broad range of tasks
Language requirements, does the candidate need to be proficient in English? Can you accommodate someone who only speaks Spanish?
When start and finish dates are even if just an estimate. Are you looking to retain staff after vintage or just to fill temporary roles?
Whether its paid or unpaid, some qualifications require that voluntary traineeships are completed so it is ok if the role is unpaid just be upfront about this
How many hours per week the position will be, this can be hard to know but if you are looking for someone to work 7 days a week with long hours it's better to state this so issues don't arise down the line
What qualifications does the candidate require? Do you require x amount of vintages completed? Do they need a high level of physical fitness?
If you are looking for lower-skilled workers would you be willing to sponsor H-2 visa applications?
Information on Visa programs for viticultural workers.
Visa’s
The two recommended programs are J-1 and H-2, with J-1 being best suited for skilled tasks and H-2 being suited to labourers
Depending on the role you are looking to fill you may be required to complete the visa application for the candidate if it's under the H-2A/B scheme. This would be primarily for vineyard workers, lab assistants and cellar hands.
If you are looking for someone more experienced they may be able to apply through the J-1 or O-1 programs.
The J-1 program is suited for those who have done some form of higher education and will continue to study while in the US. The application process for this does not require your involvement. This is a common avenue for viticultural staff.
The O-1 program is suited to experienced professionals such as winemakers or vineyard managers. The application process for this visa is competitive and the hardest of the three options. This would only be recommended if the candidate is looking to fill a long-term high-level position.
H-2A/B Temporary Agricultural Workers:
For these Visas, the employer must apply to bring the candidate into the US. There are a few differences between the H-2A and H-2B to be aware of, seasonal vs. year-round work. H-2A is a seasonal visa and perfect if you are looking to bring someone on just for harvest, H-2B is intended for temporary, of non-agricultural work that may occur throughout the year, they also have a cap of 66,000 per year.
Duration: up to 12 months
Cost: Filing fees: The employer is responsible for paying the filing fees associated with the H-2A/B visa application
Application time: The application must be submitted no less than 60 days before and no later than 120 days before arrival. It is best to plan ahead to ensure that you have enough workers for the upcoming season as the application process can take several months.
Requirements:
You must have a role and a candidate before applying.
Temporary nature of work: The work must be temporary or seasonal in nature, and the employer must be able to demonstrate that there are not enough available U.S. workers who are able, willing, qualified, and available to perform the work.
Nationality: You must be a national of a country that has been designated by the U.S. government as eligible to participate in the H-2 program. The list of eligible countries can be found here on the USCIS website.
J-1 Exchange Visitor Program:
This is the cultural exchange program visa and requires the candidate to be engaged in some form of authorised study alongside working. For viticultural workers, CAEP provides a number of programs eligible for this visa.
Duration: up to 12 months
Cost: Filing fees: Approximately $160 USD
Application time: Once accepted into a program you must fill out the DS-2019 form, it is advisable to do this early as it can take 3 months from the time of application.
Requirements: To be eligible you must be enrolled in a structured program that includes cultural components, such as classes or cultural events, in addition to your work. Some places to look for eligible training programs include:
CAEP This is the most widely used program for viticultural workers applying for the J-1 Visa
Parenthese Paris While it doesn’t require French citizenship they are primarily targeted towards applicants from France and run a number of in-person sessions.
You can find out more about the program here on the J-1 visa website.
O-1 Extraordinary Ability Program:
This visa is for individuals who have demonstrated extraordinary ability in their field, such as winemakers or vineyard managers. This however is far less commonly used than the two visa programs above due to its competitive nature. However, the upside of this is it allows for a longer stay as well as the ability to bring family into the US.
For more information about the O-1 visa program check out the US immigration services website.
Duration: 3 years with the ability to be extended in 1-year increments
Cost: Base cost of $460 but this can be much higher
Extraordinary ability: The candidate must possess extraordinary ability in their field of expertise. This means that they must have sustained national or international recognition for achievements in their field. They must demonstrate that they are among the small percentage of individuals who have risen to the very top of their field of endeavour.
Recognition: They must provide extensive documentation of your recognition, such as awards, publications, and other forms of recognition. The evidence must demonstrate that they have received sustained acclaim and have achieved a level of recognition that is significantly above that ordinarily encountered in their field. This may be in the form of international or national awards for wines they have produced in the past
Specific field: They must be coming to the United States to work in their area of extraordinary ability. Their work in the United States must be in the same field in which they have demonstrated extraordinary ability.
Job offer: The candidate must have a job offer from a U.S. employer to work in their field of extraordinary ability. The employer must file Form I-129, Petition for Nonimmigrant Worker, on their behalf.
Advisory opinion: They must obtain an advisory opinion from a peer group, labour organization, or other recognized authority in their field. The opinion must state that they have extraordinary ability in your field.
Spouse and children: Their spouse and unmarried children under 21 years of age can accompany them to the United States and can apply for O-3 visas.
Transferability of qualifications
Can someone operate a forklift with qualifications obtained outside of the US?
No, however, some forklift training programs may give credit for previous experience or training when applying for certification. It's recommended to contact a local training program or OSHA office for specific requirements and procedures.
Can someone operate a motor vehicle with a foreign driver's license in the US?
Generally, the answer is yes, they can operate a motor vehicle for a period of up to 12 months. Five states require an International Driving Permit (IDP) including Texas.