Agricultural and Food Processing Clearance Order ETA Form 790 - labor ny 2025

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Who May Qualify for H-2A Classification? To qualify for H-2A nonimmigrant classification, the petitioner must: Offer a job that is of a temporary or seasonal nature. Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
H-2A Temporary Labor Certification Process This involves preparing and submitting an agricultural job order (Form ETA-790/790A) to the SWA that serves the state where the actual work will be performed. The SWA will review the job order, work with you on any needed corrections, and initiate recruitment of U.S. workers.
IMPORTANT: In ance with 20 CFR 653.500, all employers seeking U.S. workers to perform agricultural services or labor on a temporary, less than year-round basis through the Agricultural Recruitment System for U.S. Workers, must submit a completed job clearance order (Form ETA-790) to the State Workforce Agency (
No. Wages you earn as an H-2A worker are not subject to U.S. social secu- rity and Medicare taxes.
Current Adverse Effect Wage Rates (AEWRs) StateAEWREffective Date California $19.97 December 16, 2024 Colorado $17.84 December 16, 2024 Connecticut $18.83 December 16, 2024 Delaware $17.96 December 16, 202450 more rows Dec 30, 2024
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Yes. H-2A workers are eligible to receive subsidies in the Marketplaces if they earn between 0% and 400% of the Federal Poverty Level (FPL), or up to $47,520 for an individual. There are two types of subsidies available in the Marketplace: the Advanced Premium Tax Credit and cost-sharing reductions.

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