H2A Employees in a Simple IRA

Would an employer be required to allow an H2A worker (Temporary Agricultural Employment of Foreign Workers ) to participate in a SIMPLE IRA plan?



Are there employees who I may exclude from my SIMPLE IRA plan? You may choose to exclude employees who are:

  1. covered by a collective bargaining agreement, if retirement benefits were the subject of good faith bargaining between you and the employee representatives;
  2. covered by a collective bargaining agreement between you and air pilots represented in accordance with Title II of the Railway Labor Act; and
  3. nonresident aliens and who received no U.S. source earned income.

While they are nonresident aliens, this is U.S. source earned income.

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