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Practice Areas

Immigration

H-2A

The agricultural industry is a very labor intensive and seasonal industry. As such, it is very difficult to find capable, reliable, and qualified labor. Will Rogers, of the American Farm Bureau, said it best "We can import labor, or we can import our food." At Farmer & Farmer, we believe it is up to us to ensure our country does not have to rely on foreign countries for our food production. We have the most productive food sources in the entire world, there is no reason to let those resources go to waste when there are willing, capable, and eager people to produce, grow, and harvest our crops (crops including vegetables, fruits, and livestock). It is important to understand, these jobs are not jobs Americans have been wiling to take. If you are an American willing to work hard, be reliable, and capable of performing these functions, email me today and I will be happy to get you a job as an agricultural laborer. 

We provide H-2A processing and audit defense services for our clients. Generally, our clients include Agricultural Construction Companies and Farmers. We take our clients from start to finish. If you are a construction company, we help you apply for your Farm Labor Contractor's License, apply with the state, get your surety bond, advertise in the areas of need, apply with the Department of Labor, apply with the Department of Homeland Security, set appointments at the Consulate at the country of your choice, logistically help your workers to the consulate and fingerprinting. All of these steps have various time consuming and complex subtasks, but at Farmer & Farmer we take those tasks off your plate and let you focus on what you love, your business. 

Not only is the process of getting H-2A workers complex and time-consuming, but it has legal consequences that can be extremely costly. Every employer, especially agricultural employers, are susceptible to a Wage & Hour Division Audit. During an H-2A audit, Farmer & Farmer is happy to fight for you, as the employer, against these audits. While the Department of Labor may have an ability to examine many documents, there are certain documents the Department of Labor does not, but for which they frequently ask, to conduct their investigation. As such, as your attorney, we will protect you against these claims made by the Department of Labor. Further, during the course of the investigation, Farmer & Farmer will fight for you during any communication, as well as the final interview. During the final interview, you absolutely need an attorney, because there are serious legal implications as a result of this portion of the audit. Many people want to save on the expense of an attorney during an H-2A audit. However, the cost you have as a result of an audit can, and likely will, greatly exceed the cost of having an attorney during an audit. If you are being audited, please, call Farmer & Farmer today and we would love to defend you and your business. 

H-2B 

The difference between H-2A and H-2B visas is H-2A visas are agricultural in nature, while H-2Bs are not agricultural in nature. There are many other industries, such as, landscape, construction, and certain manufacturing, that are heavily labor intensive, seasonal, and lack a steady, reliable, labor supply. As such, employers generally desperately need help getting labor to help maintain or grow their business. Farmer & Farmer helps employers provide a labor force for these types of jobs by filing for H-2B visa workers. 

We will take an employer through the entire process of filing for H-2B visa workers. From filing the prevailing wage determination to determine how much you have to pay your workers, to the processing at the consulate in the country of your choice (subject to the list of countries which may be found on the USCIS website). 

Similar to a Department of Labor with H-2A visas, we will fight for you, the employer, against the United States Department of Labor investigation. 

TN Visas

The TN Visa category was developed as part of the North American Free Trade Agreement (NAFTA). The TN visa category allows Canadian and Mexican Citizens to enter and work in the United States as NAFTA professionals. 

TN visas are temporary in nature. Canadian and Mexican citizens may be granted admission to the US in increments of up to 3 years. There is no set limit on the number of extensions that may be given, which may be given in three year increments. However, the job in nature must remain temporary.

There are a list of professionals that qualify for TN visa status. A list of those professions may be found here: 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-21051.html

The process for TN visas varies based off the country of origin of the foreign worker. If the foreign worker is from Canada, the applicant may apply at the port of entry and it does not require a visa. However, if the applicant is from Mexico, then the applicant must apply at a US consulate. 

Business and Corporate Law

We offer comprehensive Business and Corporate legal advice for an affordable rate. We understand the high cost of legal assistance in the beginning stages of a company. As such, we offer a variety of options for compensation of legal services rendered. Give us a call today to discuss how we can help your business. We are business owners and have a real passion for helping develop businesses from their infancy. While we understand the various legal intricacies of starting and owning a business, our value does not stop there. As business owners, we have started multiple businesses, as well as entered businesses while they were growing. 

As business owners, we understand the complexity of navigating the various legal issues in a variety of fields. However, at Farmer & Farmer, we understand we do not know everything. Fortunately, we have developed a large network of attorneys in almost any industry and so while we may not know everything, we are able to research and find the legal answers to any of our clients questions from some of the leading experts in their respective fields.

Captive Insurance Companies

Captive Insurance Companies a simply formal self-insurance. There are very complicated intricacies of Captive Insurance, but the basic concept is simple. You, as a business owner, are currently self-insuring many risk (whether you recognize it or not) and are not receiving any financial benefit. However, the formation of a captive insurance company will allow you to reap financial benefits for formally setting up a mechanism to recognize your self-insured risks. 

Now, to explain in more detailed terms how a captive insurance company works, it goes something like this: The parent company sets up a wholly-owned subsidiary (ownership must mirror of the parent company according to the PATH Act). The parent company then seeds risk to the captive insurance company (for example, legal defense liability risk or administrative liability risks). The captive insurance company may or may not have to seed roughly half of that risks to a risk pool, and the risk pool then seeds risk back to the captive. I know, it sounds confusing. 

Practically speaking, this is how it works. You are a business owner and you are interested in mitigating risk, saving thousands of dollars on insurance, and potentially hundreds of thousands on taxes. You contact Farmer & Farmer today and we will be more than happy to discuss captive insurance companies with you. 

Attorney

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Kyle Farmer, Esq. is a member of the Iowa Bar and an Iowa Bar Association Member

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