September 17, 2021

Volume XI, Number 260

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IRS Guidance: H-2A Wages Not Eligible for FFCRA Credit

The IRS released several new FAQs pertaining to Families First Coronavirus Response Act (FFCRA) credits. One of the new FAQs relates specifically to H-2A labor. The FAQ states that employers may not claim credit for leave payments to H-2A workers because H-2A worker wages are not subject to FICA and therefore not considered qualified leave wages eligible for the credit. Complete FAQs can be found on the IRS website.

© 2021 Varnum LLPNational Law Review, Volume XI, Number 12
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About this Author

Kimberly A. Clarke, Varnum, Immigration Lawyer
Partner

Kim focuses her practice on immigration matters, including nonimmigrant petitions, both employment- and family-based permanent residence applications, expatriation and foreign visa issues. She has developed a strong background in the area of worker verification issues and managed clients through internal and agency Form I-9 audits, USICE compliance investigations and civil criminal charges.

In addition, Kim maintains a specialty practice of consultation with agricultural clients and handles various agricultural labor and employment issues such as compliance with...

616-336-6441
Kristiana M. Coutu, Varnum, Corporate and agriculture attorney
Counsel

Kristiana's practice focuses on serving the needs of the agriculture industry. She has experience in several areas of agricultural law including labor and employment matters, H-2A labor, taxation, succession planning and general business matters. Kristiana previously practiced as a certified public accountant and has over 20 years of experience in the agriculture industry, including agricultural lending and operating her family farm. ​​

269/553-3547
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