June 14, 2024. 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, which became effective on November 14, 2022, implemented a new process for the OFLC Administrator’s determination of labor supply states (LSS). LSS are additional states in which an employer’s job order will be circulated and, if appropriate, where additional positive recruitment may be required of the employer. Consistent with 20 CFR 655.154, the OFLC Administrator will solicit public input about LSS and related recruitment mechanisms to make a determination that identifies whether there are areas of traditional or expected labor supply for each state with respect to the availability of qualified workers and the appropriate and effective means of recruiting those workers. The solicitation period will be open for a period of 60 days. The determination can include specific geographic area(s) of the United States in which a significant number of qualified workers have been identified and who, if recruited through additional positive employer recruitment activities, would be willing to make themselves available for work in the state.

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 methods of contacting 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 geographic area(s) within the State where the workers may be located (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
  • Most current information for the person(s) or entity (e.g., worker union, community-based organization) to be contacted for assistance in circulating the job opportunity to those workers.

All previously determined LSS requirements will remain in full effect, unless the OFLC Administrator receives information indicating that a previous LSS is no longer a source for qualified workers.

DEADLINE FOR PUBLIC INPUT: OFLC is seeking information, and particularly welcomes specific information, on or before Tuesday, August 13, 2024.

HOW TO SUBMIT INFORMATION: OFLC will only consider electronic submissions to the email box, H2ALaborSupply@dol.gov, 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 publish on the OFLC website its determinations after careful review of all information received.

In addition, the Department will continue to satisfy its multi-State recruitment statutory requirement, and the broader statutory obligation regarding U.S. worker availability, through a combination of other recruitment activities, including:

  • Posting job opportunities on DOL’s electronic job registry, SeasonalJobs.dol.gov, which broadcasts the job offer continuously to prospective applicants during the recruitment period;
  • Interstate clearance of the job order through the SWAs, which engages the Wagner-Peyser recruitment system in labor supply States; and
  • Employer contact with former U.S. workers, wherever they are located.