OFLC Hurricane Disaster Idalia Guidance


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.

June 10, 2024. OFLC Provides Materials on the 2024 Farmworker Protection Final Rule Webinar

On June 6, 2024, the Office of Foreign Labor Certification (OFLC), Wage and Hour Division, and the Office of Workforce Investment conducted a webinar to provide on the changes to the H-2A and Wagner-Peyser Employment Service programs made by the 2024 Farmworker Protection Final Rule. The presentation materials are now available at the hyperlinks below and located on our website under the “Webinars” tab at the bottom of the H-2A Program page located here: https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a

May 21, 2024. The Department of Labor Announces Webinar for the 2024 Farmworker Protection Final Rule to be Held on Thursday, June 6, 2024

On Thursday, June 6, 2024, the Department of Labor will host a public webinar to educate employers, agricultural associations, farm labor contractors, farmworkers, advocates, and other interested members of the public on the changes to the H-2A and Wagner-Peyser Employment Service programs made by the 2024 Farmworker Protection Final Rule. Participants of this webinar will learn from the Office of Foreign Labor Certification, the Office of Workforce Investment, and the Wage and Hour Division about the key aspects of this rule. The Final Rule will become effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.

The meeting registration details are below. *Please note: There is an attendee maximum of 3,000 and a recording of the presentation in English and Spanish will be placed on our website at a later date.

The Department of Labor is committed to equitable access and inclusion of all people. As part of this commitment, we will ensure that people with disabilities and those who need foreign language interpretation are provided accommodations and effective communications. If you require an accommodation or language interpretation to attend this event, please email stakeholder.meeting@dol.gov by May 30, 2024.

Meeting Details: Thursday, June 6, 2024
1:00 PM to 2:30 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr 30 mins

Attendee registration link: https://usdolevents.webex.com/weblink/register/r44a2f5821d38e0110dc82d0bdf90e437

May 15, 2024. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q2 of Fiscal Year 2024.

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the second quarter of fiscal year 2024) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2023 through March 31, 2024 reporting period of fiscal year 2024.

OFLC has also released selected program statistics for the first quarter of fiscal year 2024 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

May 15, 2024. OFLC Releases the H-2B Foreign Labor Recruiter List for Q2 of Fiscal Year 2024

The Office of Foreign Labor Certification (OFLC) has published an updated list of the names of foreign labor recruiters for the H-2B program as required by 20 CFR 655.9(c).

The list contains the name and location of persons or entities identified on Appendix C of the Form ETA-9142B that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective H-2B workers to perform the work described on their H-2B application.

The H-2B Foreign Labor Recruiter List includes only those names and locations associated with H-2B applications that were processed or issued a final decision during the October 1, 2023 through March 31, 2024.

By publishing the foreign labor recruiter list, OFLC is ensuring greater transparency for the H-2B worker recruitment process and facilitating information sharing between the U.S. Department of Labor and other agencies.

May 6, 2024. OFLC Announces 60-Day Public Comment Period on Proposed Three-Year Extension of Labor Condition Application and WH-4 Forms for the H-1B, H-1B1, and E-3 Temporary Programs

The Employment and Training Administration (ETA) published a 60-day notice in the Federal Register announcing its intent to extend the Office of Foreign Labor Certification’s Labor Condition Application (LCA) forms and the Wage and Hour Division’s WH-4 complaint form for three years. The Department of Labor (Department) proposes extensions to the LCA and WH-4 complaint forms, without changes. The information collection request includes the LCA Forms ETA-9035, ETA-9035E (electronic), ETA-9035 & 9035E Appendix A, ETA-9035CP Instructions, and the WH-4 complaint form. The Federal Register notice informs the public of the Department’s three-year extension request for the forms and invites comments from the public for 60 days.

Written comments must be submitted in accordance with the Federal Register notice instructions. The deadline to submit comments is Friday, July 5, 2024.

April 9, 2024. OFLC Provides CW-1 Webinar Materials and Information to Stakeholders

On March 26, 2024, the Office of Foreign Labor Certification (OFLC) conducted a webinar to provide an overview on common issues the National Processing Center has identified with CW-1 Applications for Temporary Employment Certification and offered filing tips that can minimize the common application errors. The presentation materials are now available at the hyperlinks below and located on our website under the “Webinars” tab at the bottom of the CW-1 Program page located here: https://www.dol.gov/agencies/eta/foreign-labor/programs/cw-1.

Email Updates

To sign up for updates or to access your subscriber preferences, please enter your contact information below.