Foreign Labor Certification

July 11, 2025. Office of Foreign Labor Certification Provides Additional Information on New 2025 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations Using the Occupational Employment and Statistics Survey (OEWS)

The Employment and Training Administration (ETA) published a Federal Register notice (FRN) on July 11, 2025, updating the AEWRs under the H-2A temporary agricultural employment program that apply to a limited set of H-2A job opportunities for which the AEWR is determined using the Bureau of Labor Statistics OEWS survey. The 2023 AEWR final rule methodology uses the OEWS to set AEWRs for non-range H-2A job opportunities that are either: (1) not classified within one of the six Standard Occupational Classification codes that comprise the U.S. Department of Agriculture’s Farm Labor Survey (FLS) field and livestock workers (combined) category or (2) located in States or regions, or equivalent districts or territories, for which the FLS does not report a wage. AEWRs are the minimum wage rates DOL has determined must be offered, advertised in recruitment, and paid by employers to H-2A workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of similarly employed workers in the United States will not be adversely affected.

This FRN provides OEWS-based AEWRs for (1) the field and livestock workers (combined) category in Alaska, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands and for (2) job opportunities outside of the field and livestock (combined) category throughout the United States and its territories. ETA will publish a separate FRN in December 2025, providing updated AEWRs for field and livestock workers (combined) category in the remaining states for which the FLS provides data, which will be released in late November 2025.

OFLC’s regulation at 20 CFR 655.120(b)(2) states that “[t]he updated AEWR will be effective as of the date of publication of the notice in the Federal Register.” This FRN has two effective dates in light of the District Court’s decision in Kansas, et al. v. U.S. Department of Labor, No. 2:24-cv-00076-LGW-BWC (S.D. Ga., Aug. 26, 2024), which enjoined the Department from enforcing this regulatory requirement for 17 covered states and with respect to certain entities. For those persons covered by the Kansas decision, the Department applies a two-week delayed effective date in applying the new AEWRs. In any states or territories not covered by the Kansasdecision, the regulatory requirement remains applicable and new AEWR rates will be immediately effective.

Important Note: In the event an employer’s job opportunity requires the performance of agricultural labor or services that are not encompassed in a single SOC code’s description and tasks, the applicable AEWR will be the highest AEWR for all applicable SOCs. See 20 CFR 655.120(b)(5).

• View the Federal Register notice updating the AEWRs for non-range occupations using the OEWS
• View the updated AEWR page on FLAG for the new rates, by State
   

July 9, 2025. OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2025, for Employers Seeking H-2B Workers Starting October 1, 2025

To keep the public informed regarding the submission and assignment of H-2B applications for review, the Office of Foreign Labor Certification (OFLC) is publishing the Assignment Groups for 2,421 H-2B applications covering 47,488 worker positions with a work start date of October 1, 2025 received during the July 3-5 filing period. OFLC completed the randomization process on July 6, 2025 and assigned to National Processing Center analysts all H-2B applications placed in Assignment Group A (1,794 cases) and Group B (627 cases) for issuance of Notices of Deficiency or Acceptance. Group A includes enough worker positions to reach the H-2B semi-annual visa allotment of 33,000. One additional Assignment Group was created for the remaining applications and associated worker positions. Each filing was randomly given a unique number in accordance with OFLC's randomization process and placed into a group for assignment to analysts for review and processing.

On July 6, 2025, OFLC provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the Assignment Group for their application(s).

• View the assignment groups for H-2B Applications submitted July 3 – 5.
   

July 8, 2025. Department of Labor Publishes Notice of Proposed Rulemaking to Rescind the Final Rule, Improving Protections for Workers in Temporary Agricultural Employment in the United States

On July 2, 2025, the Department of Labor (Department) published a rule proposing to amend its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status. This notice of proposed rulemaking (NPRM) would rescind provisions contained within a final rule published by the Department on April 29, 2024.

• View the NPRM that would rescind provisions of the April 29, 2024, final rule

The public may access the docket to read background documents or comments received by going to https://www.regulations.gov, then by searching for the NPRM under Docket No. ETA-2025-0003. Comments must be submitted electronically by September 2, 2025.

June 30, 2025. Office of Foreign Labor Certification Announces Change in Mailing Address for its Temporary Programs

The Employment and Training Administration published a notice in the Federal Register on June 30, 2025, to announce that the Office of Foreign Labor Certification is changing the mailing address for its temporary programs, currently submitted to addresses in Chicago, IL. Physical mail for documents related to these temporary programs, when applicable, is currently addressed to the National Processing Center (NPC)’s mailing address at: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Chicago National Processing Center, 11 W Quincy Court, Chicago, Illinois 60604. Physical mail associated with H-2A certification invoice payments is addressed and mailed to the Chicago National Processing Center, Office of Foreign Labor Certification, U.S. Department of Labor, P.O. Box A3804, Chicago, IL 60690-A3804.

Effective August 29, 2025, any physical mail sent to the NPC in Chicago must be submitted to the following new centralized mailing address: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, 200 Constitution Avenue, NW, Room N-5311, Washington, DC 20210. This address will be used both to receive documentary evidence for applications and to receive payments for H-2A certification invoices.

• View the Federal Register notice announcing the change in mailing address
   

June 26, 2025. OFLC Publishes Updated Wage Data for the Commonwealth of Northern Mariana Islands

The Office of Foreign Labor Certification (OFLC) received the 2025 Commonwealth of Northern Mariana Islands (CNMI) Prevailing Wage Study survey from the Governor of the CNMI for the CW-1 program. OFLC has approved the 2025 CNMI Prevailing Wage Study survey for 408 occupations and will issue updated CW-1 prevailing wages using this data from July 1, 2025, through June 30, 2026. The updated wage table includes prevailing wage data for a total of 848 occupations.

• View the Updated CW-1 Wage Table for July 2025 through 2026 Wage Year
   

June 24, 2025. Office of Foreign Labor Certification Announces Publication of an Updated Appendix A to the Preamble–Education and Training Categories by O*NET–SOC Occupations for July 2025 through June 2026 Wage Year

On November 15, 2021, the Employment and Training Administration issued a Federal Register notice (FRN) informing the public that the Office of Foreign Labor Certification (OFLC) was updating Appendix A to the Preamble–Education and Training Categories by Occupational Information Network (O*NET)–Standard Occupational Classification (SOC) Occupations. Appendix A is a list of professional occupations that serves as a guide for employers to distinguish between professional and non-professional occupations in order to comply with the professional recruitment requirements of the PERM program. The FRN stated that OFLC intends to review BLS’s occupational and education data each year to publish a new list of occupations on its website, even when BLS data remains the same from the previous year.

• View the November 15, 2021, Federal Register notice

OFLC is releasing this year’s Appendix A, which implements the new list of professional occupations for the July 2025 through June 2026 wage year and will be effective starting July 1, 2025.

• View the list of professional occupations in Appendix A
• View the complete list of Typical Entry-Level Educational Requirement Data, May 2024 on BLS website
   

June 20, 2025. Office of Foreign Labor Certification Announces Reminder of three-day filing window for the H-2B Program with work start dates of October 1, 2025

The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2025, will open on July 3, 2025, at 12:00 a.m. Eastern Time, and close on July 5, 2025, at 11:59 p.m. Eastern Time. This three-day period is the earliest an employer may file an application for an October 1, 2025, work start date, which is the first day of the semi-annual visa allotment for the first half of Fiscal Year 2026. Employers seeking start dates of October 2, 2025, or later must comply with the timeliness requirements at 20 CFR 655.15(b).

In accordance with regulatory requirements and OFLC’s standard operating procedures, H-2B applications requesting October 1, 2025, work start dates will be denied if they are filed before July 3, 2025, at 12:00 a.m. Eastern Time.

After the three-day filing window has closed, OFLC will randomly order applications for assignment to analysts for review and processing all H-2B applications requesting a work start date of October 1, 2025, that are filed during the three-day filing window (July 3-5, 2025) using the randomization procedures published in the Federal Register on March 4, 2019.

Helpful Filing Tips

• Only one H-2B Application for Temporary Employment Certification per job opportunity should be filed to prevent duplicate filings and delayed processing. 20 CFR 655.15(f).
• If “yes” is selected for “Board, Lodging, or Other Facilities” under section F.d.5, Form ETA-9142B, and deductions other than those required by law may be made from the worker’s pay, include details about the deductions and amounts to cover the reasonable cost of board, lodging, and other facilities in section F.d.6.
• The employer must submit with its H-2B Application for Temporary Employment Certification a copy of the job order being submitted concurrently to the SWA serving the area of intended employment, as set forth in 20 CFR 655.16. The job order submitted must be a copy of the actual job order or a completed job order form used by the SWA for posting in its job clearance systems (as defined by 20 CFR 655.5
• Original signatures and dates on Appendix B must be current.
   

June 20, 2025. OFLC Issues Technical Release Notes for the Occupational Employment and Wage Statistics Update for the July 2025 through June 2026 Wage Year

On July 1, 2025, the Office of Foreign Labor Certification will publish the latest prevailing wage data from the Occupational Employment and Wage Statistics (OEWS) as generated by the Bureau of Labor Statistics for the new wage year from July 2025 through June 2026. Prevailing wage determinations issued from the National Prevailing Wage Center reflect the 2018 SOC codes.

The metropolitan statistical areas (MSA) used for the May 2024 OEWS wage estimates were updated to reflect the delineations based on the 2020 Census. As a result of this update, new MSAs were created, some existing MSAs underwent name and/or compositional changes, and other existing MSAs were dropped from publication. Some non-MSA areas were added, dropped, or modified due to the new MSA delineations. For the New England states, the New England City and Town Areas (NECTAs) were discontinued, and OEWS published the MSAs and non-MSA areas for these states. BLS has published a spreadsheet of area names and definitions used in the May 2024 OEWS estimates. OFLC will apply these updated area delineations beginning with this wage year, July 2025 through June 2026.

• View the Technical Release Notes for July 2025 Through June 2026 Wage Year
• View the July 2025 Through June 2026 Wage Year Job Zones Data
• View the July 2025 Through June 2026 Wage Year Education Data
   

May 22, 2025. 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 Office of Foreign Labor Certification (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 also consider data and information about labor flow trends (e.g., applicant referral information contained in the agricultural recruitment clearance system) from the public to inform a determination regarding expanded interstate circulation of H-2A job orders by State Workforce Agencies (SWAs) on behalf of employers. These determinations are important for ensuring that agricultural job opportunities are more broadly available to qualified workers in the United States.

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.

DEADLINE FOR PUBLIC INPUT: OFLC is seeking information, and particularly welcomes specific information, on or before July 21, 2025.

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.
   

May 22, 2025. OFLC Announces Implementation of Records Retention Module for Decommissioned Legacy Permanent Online System

The Office of Foreign Labor Certification (OFLC) will be permanently deleting records from the decommissioned legacy Permanent Online System for which a final determination was made more than five years ago. The legacy Permanent Online System was officially decommissioned on December 1, 2024. Leading up to the decommissioning of the system, OFLC posted a series of announcements to let the public know they must download all necessary records by November 30, 2024 at 7:00 pm EST. Once the legacy Permanent Online System was decommissioned, the records housed in that system were no longer directly available to the public. OFLC does, however, still possess records from the system.

Effective July 1, 2025, OFLC will begin deleting records from the legacy Permanent Online System to comply with its records disposition schedule, approved by the National Archives and Records Administration (NARA). According to OFLC’s NARA records disposition schedule, case records for which a final determination was issued more than five years ago must be permanently deleted. These deletions will occur on a rolling basis as part of routine records management procedures.

Employers and their representatives who wish to obtain any records from the legacy Permanent Online System must submit a Freedom of Information Act (FOIA) request no later than June 5th, 2025. After this date, affected records will no longer be retrievable.

Please note: Once deleted, records cannot be recovered or accessed through any means, including FOIA requests.