Foreign Labor Certification (FLC) Program

The H-2A temporary agricultural program allows U.S. agricultural employers who anticipate a shortage of domestic workers to hire nonimmigrant foreign workers to perform agricultural labor or services of a temporary or seasonal nature. Seasonal work is tied to specific times of year, such as short annual planting or growing cycles, and requires labor levels above what is necessary for ongoing operations. Temporary work is when the employment generally lasts no longer than a year.  

Before an employer can hire H-2A workers, the U.S. Department of Labor must determine that:

1. There are not enough able, willing, and qualified U.S. workers available and 
2. Hiring foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. 

Workers hired under the program are protected by specific rights outlined in the H-2A Worker Rights poster . For additional information, contact the U.S. Department of Labor’s Wage and Hour Division at 1-866-487-9243.

A Spanish version is also available: H-2A Worker Rights poster Spanish.

Iowa Workforce Development (IWD) helps connect qualified U.S. workers with temporary, seasonal job opportunities that employers are seeking to fill through the H-2A program. U.S. workers hired for these positions must receive the same benefits offered to H-2A workers, including no-cost housing if the U.S. worker lives outside the commuting area.

Employers are required to continue hiring qualified U.S. workers through 50% of the contract period.

U.S. workers can explore all job opportunities connected to H-2A job orders at IowaWORKS.gov or by connecting with a career planner at one of Iowa's American Job Centers (AJC). You can find your local AJC by using the IowaWORKS Center Map.

IWD does not assist with foreign recruitment. Foreign nationals seeking H-2A job opportunities or information about the nonimmigrant visa process should contact their home countries U.S. consulate or U.S. Citizenship and Immigration Services (USCIS).

Agricultural employers should reach out to their local American Job Center for help recruiting local workers before using the H-2A program. Find your local Business Engagement Consultant (BEC) on this page: Contact Your Local Business Engagement Consultant (BEC).

DOL's Wage and Hour Division has published fact sheets for employers that can help understand the program requirements and employer obligations on its website (WHD Fact Sheets).

USCIS also has additional information on the H-2A program on its website (H-2A Temporary Agricultural Workers).

The application steps include:

1. File a job order for an H-2A job opportunity using the ETA-790 form (Agricultural Clearance Order form employers must use in order to recruit temporary agricultural workers to ensure compliance with federal labor regulations)
2. File an H-2A Application for Temporary Employment Certification (form ETA-142A) and all required appendices and documentation with the National Processing Center
3. Conduct recruitment for U.S. workers
4. Complete the temporary labor certification process

The application process is completed electronically through DOL's Foreign Labor Application Gateway (FLAG) system. Visit the DOL website to learn more about the detailed application process: H-2A Temporary Agricultural Program.

Iowa Workforce Development (IWD) supports several key parts of the H-2A program helping ensure employers meet federal requirements while prioritizing job opportunities for U.S. workers. 

Job orders

As part of the first step in the H-2A application process, IWD reviews employer job orders submitted through the federal FLAG system. IWD verifies that each job order meets program requirements, works with employers to correct any deficiencies, and posts approved job orders on IowaWORKS.gov. IWD also forwards the completed ETA-790 packet to the employer and their agent and assists with any issues that arise during this stage.

Recruitment

IWD helps to recruit and refer qualified U.S. workers for open positions. Employers must make every effort to hire eligible U.S. workers before turning to foreign labor. Local IowaWORKS centers and Business Engagement Consultants are available to support employers in finding local candidates. Find your local Business Engagement Consultant (BEC) on this page: Contact Your Local Business Engagement Consultant (BEC).

Housing Inspections

Employers participating in the H-2A program must provide workers with no-cost housing that meets federal, state, and local safety and sanitation standards. IWD conducts required housing inspections and reports results to the U.S. Department of Labor’s Chicago National Processing Center (CNPC). Inspections for hotels and motels are handled separately by the Department of Inspections, Appeals, and Licensing (DIAL). 

Outreach/Services

IWD provides outreach to migrant and seasonal farmworkers (MSFWs), including H-2A workers. After workers arrive, and outreach specialist meets with them to share information about available AJC services, community resources, basic worker rights, complaint system, and employment-related protections. Employers must allow reasonable access for outreach staff to meet with workers as required under the MSFW and H-2A programs.  

The H-2B temporary non-agricultural program allows eligible U.S. employers to hire nonimmigrant workers to fill short-term, non-agricultural jobs. To participate, employers must show their need for labor is truly temporary, even if the job itself may be ongoing. Temporary need must fall into one of the four categories: 

1. One-time occurrence;
2. Seasonal need;
3. Peak-load need; or
4. Intermittent need. 

Federal law limits the number of workers who can receive H-2B visas each fiscal year. The current annual cap is 66,000 workers, divided evenly between the first half of the fiscal year (October 1-March 31) and the second half of the fiscal year (April 1-September 30). For complete details, visit this USCIS web page: H-2B Temporary Non-Agricultural Workers.

Workers hired under the program are protected by specific rights outlines in the H-2B Worker Rights poster. For additional information, contact the U.S. Department of Labor’s Wage and Hour Division at 1-866-487-9243.

Employers participating in the H-2B program must accept referrals and hire all qualified U.S. workers who apply up to 21 days before the job’s start date. U.S. workers must receive the same wages, benefits, and working conditions as H-2B workers, and employers may not place additional requirements on U.S. applicants that are not required for H-2B workers. 

U.S. workers can explore all job opportunities connected to H-2B job offers at IowaWORKS.gov or by connecting with a career planner at one of Iowa's physical American Job Centers (AJC). You can find your local AJC by using the IowaWORKS Center Map.

IWD does not assist with foreign recruitment. Foreign nationals seeking H-2B job opportunities or information about the nonimmigrant visa process should contact their home countries U.S. consulate or U.S. Citizenship and Immigration Services (USCIS).

The H-2B program requires the employer to enter their own job order into IowaWORKS.gov, for the position they are seeking to use H-2B workers to fill. 

The requirements of the H-2B job posting is found at 20 CFR 655.18(b). 20 CFR 655.18(b)(17) is currently not required to be included in the job posting.

DOL's Wage and Hour Division has published fact sheets for employers that can help understand the program requirements and employer obligations on its website (WHD Fact Sheets).

The H-2B application steps include:

1. Obtain a Prevailing Wage Determination (PWD)
2. File a job order and H-2B application
3. DOL randomizes all H-2B applications and releases a list that indicates at what time visas will be awarded
4. DOL issues a notice of acceptance
   1. The job order in IowaWORKS.gov is "published" so job seekers can apply
5. DOL issues Final Determination of the H-2B temporary labor certification
6. Employer or agent submits form I-129 to the United States Citizenship and Immigration Services (USCIS)
   1. Must include printed copy of DOL's final determination
7. USCIS approves form I-129

For additional information on H-2B filing process, please visit: H-2B Temporary Non-agricultural Program.

When an employer files an H-2B application in DOL’s FLAG system, IWD FLC receives an automatic notification. The H-2B application filed in FLAG includes the job posting number and a copy of the job posting from IowaWORKS. IWD reviews the job posting to ensure it meets all the requirements needed for H-2B job postings.

The requirements of the H-2B job posting is found at 20 CFR 655.18(b). 20 CFR 655.18(b)(17) is currently not required to be included in the job posting.

IWD will notify DOL if the job posting meets all necessary criteria. If it does not, the employer may revise the job posting to correct any deficiencies.

Once DOL issues a notice of acceptance, IWD FLC will make the job order open and available for job seekers to apply.

Recruitment

IWD helps to recruit and refer qualified U.S. workers for open positions. Employers must make every effort to hire eligible U.S. workers before turning to foreign labor. Local IowaWORKS centers and Business Engagement Consultants are available to support employers in finding local candidates. Find your local Business Engagement Consultant (BEC) on this page: Contact Your Local Business Engagement Consultant (BEC).

• U.S. DOL: Foreign Labor Application Gateway (FLAG)
• U.S. DOL: H-2A: Temporary Agricultural Employment of Foreign Workers
• U.S. DOL: H-2A Temporary Agricultural Program
• U.S. DOL: Wage and Hour Division Fact Sheets
• U.S. DOL: Wage and Hour H-2A Key Protections Fact Sheet
• U.S. DOL: Wage and Hour H-2A Key Protections Fact Sheet - Spanish
• U.S. Citizenship and Immigration Services (USCIS): H-2A Temporary Agricultural Workers 
• U.S. DOL: H-2B Temporary Non-agricultural Program
• U.S. DOL: H-2B Program
• USCIS: H-2B Temporary Non-Agricultural Workers

For additional information on these resources, contact the U.S. Department of Labor Wage and Hour Division at 1-866-487-9243.