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H2B Alien Labor Certification
Filing Instructions

Foreign WorkersThe H2B temporary labor certification application may be filed for up to, but not exceeding, 12 months. Employers should submit ETA for 750 part A to Iowa Workforce Development at least 60 days but not more than 120 days before the anticipated date of employment. This will assist in the timely processing of the application and conforms to DOL time filling requirements. Applications submitted 120 days prior too the anticipated date of need will not be accepted. When sending the application form ETA-750 is required to be submit originals in duplicate, back to front copy, dated, with original signatures. All sections of the DOL form ETA 750 should be completed.

Because the H2B is a temporary foreign worker program the DOL pursuant to GAL 1-95 requires employers to document the temporary nature of employment. A statement on company letterhead must be submitted, signed and dated by the employer explaining the temporary nature. Request must fall into one of four categories:

  1. One-time Occurrence - the employer must establish:
    a. that it has not employed workers to perform the services or labor in the past; and
    b. that it will not need workers to perform the services or labor in the future, or that it has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.

  2. Seasonal Need - the employer must establish that the service or labor is traditionally tied to a season of the year by n event or pattern and is of a recurring nature. The employer must specify the period(s) of time during each year in which it does not need the services or labor. The employment is not seasonal if the period, during which the services or labor is needed, is unpredictable, subject to change, or considered a vacation period for the employer's permanent employees.

  3. Peak load Need - the employer must establish that it regularly employs permanent workers to perform the services or labor at the lace of employment and it needs to supplement its permanent staff on a temporary basis due to a seasonal or short-term errand with temporary employees who will not become a part of the regular operation.

  4. Intermittent Need - the employer must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary workers for a short period.

Employers are also encouraged to include in their H2B application information that demonstrates past efforts to recruit US workers for the position(s) which H2B workers are sought in the area of intended employment. Examples include prior classified ads, job orders placed with Iowa Workforce Development or private employment agencies, participation in career fairs, or internet ads. Including a completed Prevailing Wage form obtained by Iowa Workforce Development, Labor Market Information Unit, is also encouraged.

Questions can be addressed to: Alien Labor Certification (515) 281-9019



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