May 30, 2023. Office of Foreign Labor Certification Announces Solicitation of Input for the Annual Determination of Labor Supply States to Enhance U.S. Worker Recruitment

The 2022 H-2A Final Rule, effective on November 14, 2022, implemented a new process for the OFLC Administrator’s determination of labor supply States (i.e., additional States in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required). Annually, under 20 CFR 655.154(d), the OFLC Administrator will gather and review public input about labor supply and related recruitment mechanisms and will publish a labor supply State determination on the OFLC website. The OFLC Administrator’s determination will identify with respect to each State whether there are other traditional or expected labor supply States. Where appropriate, within a traditional or expected labor supply State, the determination will identify particular area(s) in which a significant number of qualified workers located in the United States have been identified, who if recruited through positive employer recruitment activities, would be willing to make themselves available for work in the State. The labor supply State determination will become effective on the date of publication for employers who have not commenced recruitment after receiving a Notice of Acceptance. The determination will remain valid until the OFLC Administrator publishes a new determination on the website.

The OFLC Administrator will consider general information about labor flow trends (e.g., information contained in the agricultural recruitment clearance system) to inform a determination regarding expanded interstate circulation of H-2A job orders. To make a determination regarding labor supply and the positive recruitment needed to reach qualified workers within a State, the OFLC Administrator requests information from the public regarding the availability of qualified workers, and the appropriate, effective means of recruiting those workers. Information that could be helpful to the OFLC Administrator’s determination include, but are not limited to, the following:

  • The type of qualified workers available (e.g., tomato harvest workers);
  • The State and area within the State where the workers may be found (e.g., city, county, regional non-metropolitan area);
  • The methods for apprising the workers of a job opportunity (e.g., local newspaper or periodical, posting with a particular community organization engaged with those workers); and/or
  • Contact information for the person or entity to be contacted to conduct the recommended recruitment activity.

OFLC is seeking information, and particularly welcomes specific information, on or before Monday, July 31, 2023.

HOW TO SUBMIT INFORMATION: OFLC will only consider electronic submissions to the email box,, for making determinations as to the labor supply States. Any submissions sent through mail or other correspondence will not be accepted.

The OFLC Administrator will make and publish on the OFLC website its determinations after careful review of all information received.