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H2A Process for Temporary
Seasonal Agricultural Workers

Ear of CornThe 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.

Picking ApplesApplications 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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