Types of Visas
for Nonimmigrants
processed by Iowa
Workforce Development
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Agricultural
Visa - H2A
The H-2A temporary agricultural program establishes a means for
agricultural employers who anticipate a shortage of domestic
workers to bring nonimmigrant foreign workers to the U.S. to
perform agricultural labor or services of a temporary or seasonal
nature. The employer first files an application
Form ETA-750 Part A, with the U.S. Department of Labor,
Chicago Regional Office. Iowa Workforce Development then
conducts housing inspections which conform to OSHA standards,
refer domestic workers if available, and advise applicants of
the H2A program regulations. The final determination is made by
the Chicago Regional Office usually within 30 days of receipt.
In Iowa
Agricultural visas (A.K.A. H2A) - 18 employers were certified and over one hundred & fifty individuals worked during the year performing jobs such as: custom harvesting, corn detasseling, egg laying production, and milk production. The Department adheres to regulations at 20 CFR Part 655, Subpart B when processing an employer’s application.
Non-Agricultural
Visa - H2B
The H-2B nonimmigrant program permits employers to hire foreign
workers to come to the U.S. and perform temporary nonagricultural
work, which may be one-time, seasonal, peak load or intermittent.
There is a 65,000 per year national limit on the number of foreign workers
who may receive H-2B status from the Citizenship and Immigration Services
(CIS). The process for obtaining H-2B certification
is similar to, but less extensive and time consuming, than
permanent certification.
In Iowa
Semi & Unskilled visas (A.K.A. H2B) - 35 employers used the
program and hired two hundred workers. As with the other visa
categories, the type of employment was diverse, ranging from roofers to amateur hockey players. Title 20
Code of Federal Regulations (CFR) parts 652 & 655, and 8 (CFR) 214.2(h) regulate the processing of H2B visas.
Professional
Visa - H1B
The H-1B program allows employers to temporarily employ a
foreign worker in the U.S. on a nonimmigrant basis in a specialty
occupation, or as a fashion model of distinguished merit and
ability. A specialty occupation requires the theoretical and
practical application of a body of specialized knowledge and a
bachelor's degree or the equivalent in the specific specialty
(e.g., engineering, mathematics, physical sciences, computer
sciences, medicine and health care, education, biotechnology,
and business specialties, etc.). Current law limits the number of foreign workers
nationally who may be issued
a visa or otherwise be provided H-1B status to 65,000.
In Iowa
Iowa Workforce Development only provides Prevailing Wage
Determinations which are a requirement for obtaining H1B status.
Employers must complete a
US Department of Labor Form ETA9035. If this form is
successfully submitted and approved, then employers apply to the
Citizenship and Immigration Services using
Form I-129.
