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nonagricultural labor certifications in order to import temporary nonagricultural workers
to work in temporary jobs in the United States under H-2B visas. The Employment
Law Guide: Permanent Employment of Workers Based on Immigration describes the
requirements on the part of employers seeking to hire foreign workers immigrating to
the United States for the purpose of employment, including the application process for
employers to obtain a permanent alien employment certification. 9

❱❱ INA AVAILABLE FACT SHEETS

● The Publication of Final H-1B (Professional and Specialty Occupation Visas)
Regulations
● Changes made by the H-1B Visa Reform Act of 2004
● H-2A (Temporary Agricultural Worker Visas)
● Application of U.S. Labor Laws to Immigrant Workers (In Korean—PDF) (En Español)
● Fair Labor Standards Act Application to Foreign Commercial Vehicle Operators
(En Español)

❱❱ RECORDKEEPING: DOCUMENTS AND FORMS

The U.S. Department of Labor’s Web site has

links to the forms needed to obtain foreign labor certification under various programs,
including the Application for H-1B and H-1B1 Non-immigrants (form ETA-9035), the
Application for Permanent Employment Certification (form ETA-9089), the Application
for Alien Employment Certification (form ETA-750A), and Part B of this application:
Statement of Qualifications of the Alien (form ETA-750B), and the Application for Alien
Employment Certification for Agricultural Services (form ETA-790). Please note that
these forms are in PDF format and require the Adobe Acrobat Reader.
H-2A Visa Program. Employers certified for H-2A contracts must keep records of the
hours each worker actually works. In addition, the employer must retain a record of
time “offered” to the worker but which the worker “refused” to work. Each worker must
receive a wage statement showing hours of work, hours refused, pay for each type of
crop, the basis of pay (i.e., whether the worker is being paid by the hour, by the piece,
“task” pay, etc.). The wage statement must indicate total earnings for the pay period
and all deductions from wages (along with a statement as to why deductions were
made). See 20 CFR 655.102(b)(7) for further information on recordkeeping
requirements under the H-2A visa program.
H-1B and H-1B1 Visa Program. Employers using the H-1B or H-1B1 visa classi-
fications to hire nonimmigrant foreign workers in specialty (professional) occupations

126 The H R Toolkit