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Foreign Labor Certification
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H2A
Process for
Temporary Seasonal
Agricultural Workers
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H2A Process
for Temporary
Seasonal Agricultural Workers
 The H2A program allows Iowa
employers to employ foreign workers on a temporary or seasonal
basis. Iowa Workforce Development has assisted agricultural
employers using the program in the areas of planting,
cultivating and harvesting fruits and vegetables, bee and honey
production, general farming, and corn detasseling. In order for
an employer to receive a Labor Certification needed for the H2A
visa they must demonstrate to the United States Department of
Labor that they have made a good faith effort to employ US
workers, they have or can provide free and adequate housing, and
meet program assurances.
Regulations governing the H2A program can be found in the
Immigration and Nationality Act (INA) as amended by the
Immigration Reform and Control Act of 1986. United States
Department of Labor regulations are found at 20 CFR Part 655,
Subpart B. Iowa agricultural employers who anticipate a shortage
of U.S. workers to perform agricultural labor or services of a
temporary or seasonal nature are eligible for the H2A program.
Temporary or seasonal nature means agricultural employment
performed during certain seasons of the year or for a limited
time period of less than one year. The employer must show that
the need for the foreign worker(s) is truly temporary.
Generally, the raising of live stock or employment typically
performed outside of a farming location, such as transporting
grain to an elevator are not considered by the U.S. Department
of Labor to be acceptable for the H2A program.
 Applications for the H2A program (ETA form(s) 750 part A and ETA
790) should be submitted to the U.S. Department of Labor and a
copy to Iowa Workforce Development. The respective address is as
follows:
U.S. Department of
Labor, Employment and Training
Administration, Office of Foreign Labor Certification
Chicago National
Processing Center
11 West Quincy Court
Chicago, IL 60604–2105;
Telephone: (312) 886–8000
FAX: (312) 353–8830
Iowa Workforce Development
Attention Foreign Labor Certification
150 Des Moines Street
Des Moines, Iowa 50309-1836
Telephone: (515) 725-1126
In some cases Iowa law (Ch 138) requires employers to register
and obtain a Migrant Labor Camp permit from the Iowa Department
of Public Health. Please contact the Department to determine if
a permit is needed for anticipated housing.
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