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FOREIGN LABOR CERTIFICATION
UNIT
This
information is provided by the Division of Foreign Labor Certification.
Foreign labor certification programs are generally designed to assure that the
admission of foreign workers to work in this country on a temporary
basis will not adversely affect the job opportunities, wages and working
conditions of U.S. workers. The program titles link to the regulations
which govern each program. You can find the necessary forms for the program
application submittal at:
http://www.foreignlaborcert.doleta.gov/. The Department of Labor is responsible for
administering programs for prevailing wages for, H-1B Specialty
(Professional) Workers, H-2A Temporary Labor Certifications, and H-2B Temporary
Labor Certifications.
H-2B
Process for Temporary Foreign Labor
APPLICATION
REQUEST PACKET:
Temporary Foreign Labor Certification
Click
“here” to go to the
U.S. Department of Labor website that has the latest information and forms on
the Foreign Labor Certification program (which includes the new PERM program).
It also provides information on Labor Certification Programs such as H-2B, H-2A,
and Prevailing Wage.
If you need
“prevailing wage” information for your form click “here”
H-2A
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ATTENTION
H-2A EMPLOYERS
IRS tax law prohibits FICA, Social Security, and Medicare deductions
for H-2A/visa foreign workers. Although ETA Form 790 and its attachments
ask for these deductions, DO NOT select these options for H-2A/visa
foreign workers. Please review IRS code 3121 shown below:
Foreign agricultural workers temporarily admitted into the United
States on H-2A visas are always exempt from U.S. social security and
medicare taxes, whether they are resident aliens or nonresident
aliens[1]. In addition, payments made to H-2A alien agricultural workers
are not considered to be "wages" for the purposes of income tax
withholding and reporting on forms 943 and W-2.[2] The employee is
required to report his Social Security Number (SSN) or Individual
Taxpayer Identification Number (ITIN) to his agricultural employer.
Please see IRS Publication 51 Circular A (www.irs.gov/publications/p51/index.html)
Agricultural Employer’s Tax Guide for the withholding tables and deposit
requirements on agricultural employees.
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For the agricultural employer seeking to bring in foreign workers, please review
this site for assistance. This information will provide you what you need to
know about the H-2A temporary seasonal agricultural
workers, forms and housing standards information
(which includes sheephearder mobile range housing standards). The
Request for Conditional Entry Into Clearance
System form should also be included in the materials you submit to the U.S.
Department of Labor.
For further
information about this Program please contact:
MAILING
ADDRESS:
Workforce Programs - Foreign
Labor Certification Unit
Colorado Department of Labor & Employment
633 17th Street, Suite 700
Denver, CO 80202-3660
LINKS:
Bureau
of Citizenship and Immigration Services
Foreign
Labor Certification Processing Times and Dates
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