This information is provided by the Division of Foreign Labor Certification. The Foreign labor certification programs are designed for the admission of foreign workers to work in the U.S. without adversely affecting the job opportunities, wages and working conditions of U.S. workers. The Colorado Foreign Labor Certification Unit processes H-2A applications, assists with Job Postings associated with the Foreign Labor programs and provides Prevailing Wages for the different Foreign Labor programs.
Priority of Service is given to Veterans and eligible spouses. Veteran, for the sole purpose of Priority of Service, means a person who served at least one day in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable. Active service includes full-time Federal service in the National Guard or a Reserve component.
You can find the necessary forms and the latest information about the programs at: http://www.foreignlaborcert.doleta.gov/. The U.S. Department of Labor is responsible for administering programs for H-1B Specialty (Professional) Workers, H-2A Temporary Agricultural Labor Certifications, and H-2B Temporary Labor Certifications and the PERM program.
Click on the prevailing wage link for more information about prevailing wages.
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. |
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:
Fax: (303) 318-8930
Mailing Address:
Workforce Programs - Foreign Labor Certification Unit
Colorado Department of Labor & Employment
633 17th Street, Suite 700
Denver, CO 80202-3660
