Announcements

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.

May 15, 2025. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q2 of Fiscal Year 2025

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the second quarter of fiscal year 2025) 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.

Please Note: OFLC recently implemented the revised form ETA-9089. As a result, there will be two distinct PERM disclosure data files. These files will each have their own record layout documents.

The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2024 through March 31, 2025 reporting period of fiscal year 2025.

OFLC has also released selected program statistics for the first half of fiscal year 2025 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

May 15, 2025. OFLC Releases the H-2B Foreign Labor Recruiter List for Q2 of Fiscal Year 2025

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, 2025.

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.

April 25, 2025. The Department of Labor Announces Additional Guidance for the H-2A Program in Washington State for Non-Range Occupations; Compliance with District Court Order

On March 28, 2025, the U.S. District Court for the Western District of Washington (the Court) issued a preliminary injunction order in Familias Unidas Por La Justicia v. DOL, et al., No. 24-cv-00637 (Familias), enjoining the Department of Labor (Department or DOL) as to its approval of H-2A job orders submitted by certain employers seeking temporary labor certification for work performed in the state of Washington that list only the hourly Adverse Effect Wage Rate (“AEWR”) as an offered wage when there is an applicable prevailing piece rate wage for the particular crop or agricultural activity (“AEWR-only job orders”). On April 24, 2025, the Court modified its order.

The modified Familias order requires DOL to immediately take the following actions with regard to the AEWR-only job orders approved when there is an applicable prevailing piece rate wage for the particular crop or agricultural activity located in Washington since November 25, 2024:

  • Give notice to all relevant employers in Washington that they must unequivocally offer and pay the applicable prevailing piece rate wage(s) under the 2020-Survey prevailing wage rates in compliance with the Ninth Circuit’s conclusion on the application of 20 C.F.R. §§ 655.120(a) and 655.122(l) in Torres Hernandez v. Su, 2024 WL 2559562, at *1 (9th Cir. May 24, 2024) from the date of notice forward;
  • Give notice to all relevant employers in Washington that they must expeditiously disclose applicable piece-rate prevailing wages to their employees;
  • Post notice on the Department’s Office of Foreign Labor Certification Web Announcement webpage, the Foreign Labor Application Gateway (FLAG system), and the Agricultural Online Wage Library (AOWL), listing the currently applicable piece-rate prevailing wage rates for Washington, that states that all relevant employers employing workers in a specific crop or agricultural activity must offer and pay the applicable active prevailing piece rate wage for work performed in Washington. The Department will keep such notice posted to the FLAG system and AOWL at least until 50 percent of the work contract period lapses for the relevant certifications;
  • Request Washington ESD to post a notice on its WorkSource website with all active applicable piece-rate prevailing wage rates for Washington, and which states that all relevant employers employing workers in a specific crop or agricultural activity must offer and pay the applicable active prevailing piece rate wage for work performed in Washington, and asking that such notice remain publicly available until 50 percent of the work contract period lapses for the relevant certifications; and
  • Take immediate action to ensure that all current and future proposed job orders for the 2025 season are reviewed for compliance consistent with this Order.

The Department is complying with the Order. Consistent with the modified Familias order, the Department is providing this notice that all relevant employers employing workers in a specific crop or agricultural activity must offer and pay the applicable active prevailing piece rate wage for work performed in Washington. The Department is also continuing to take action to ensure that job orders filed by employers in connection with current and future Applications for Temporary Employment Certification covering places of employment located in Washington state comply with the modified Familias order. See April 15, 2025, OFLC Announcement: The Department of Labor Announces Additional Guidance to the H-2A Program in Washington State for Non-Range Occupations; Compliance with District Court Order.

April 15, 2025. The Department of Labor Announces Additional Guidance to the H-2A Program in Washington State for Non-Range Occupations; Compliance with District Court Order.

Background

On March 28, 2025, the U.S. District Court for the Western District of Washington issued a preliminary injunction order in Familias Unidas Por La Justicia v. DOL, et al., No. 24-cv-00637,, enjoining the Department of Labor (Department or DOL) as to its approval of H-2A job orders submitted by certain employers seeking temporary labor certification for work performed in the state of Washington that list only the hourly Adverse Effect Wage Rate (“AEWR”) as an offered wage when there is an applicable prevailing piece rate wage for the particular crop or agricultural activity (“AEWR-only job orders”).

Specifically, the Familias order requires DOL to:

  • Immediately rescind and modify all AEWR-only job orders approved for beneficiaries of the Barton preliminary injunction located in Washington since November 25, 2024;
  • Inform all relevant employers in Washington that to continue to employ H-2A workers, they must unequivocally offer and pay the conforming prevailing piece rate wage under the 2020-Survey prevailing wage rates in compliance with the Ninth Circuit’s conclusion on the application of 20 C.F.R. §§ 655.120(a) and 655.122(l) in Torres Hernandez v. Su, 2024 WL 2559562, at *1 (9th Cir. May 24, 2024);
  • Inform all relevant employers in Washington that they must expeditiously disclose updated terms and conditions of work to their employees; and
  • Take immediate action to ensure that all current and future proposed job orders for the 2025 season are reviewed for compliance consistent with this Order.

Additional Guidance

The Department has sought relief from the March 28, 2025 Familias order by requesting the Western District of Washington reconsider its decision and partially vacate the parts of the order that require retroactive application.

The Department’s Office of Foreign Labor Certification (“OFLC”) is also taking action to ensure that job orders filed by employers in connection with current and future Applications for Temporary Employment Certification covering places of employment located in Washington state comply with the Familias order. Specifically, where such job orders propose to only offer the hourly AEWR and/or fail to “unequivocally offer” (i.e., terms that are clear and leave no doubt) an applicable prevailing piece rate wage for a particular crop or agricultural activity covered by active prevailing wage rates for Washington state available on the OFLC Agricultural Online Wage Library, the OFLC Certifying Officer (“CO”) will issue a Notice of Deficiency under 20 CFR 655.141 or Notice of Required Modification to the job order under 20 CFR 655.121(h) and provide the employer with an opportunity to submit a modified Application for Temporary Employment Certification or job order prior to the issuance of a Notice of Acceptance or final determination.

April 3, 2025. The Department of Labor Announces Update to the H-2A Program in Washington State for Non-Range Occupations; Assessing Options for Compliance with Latest District Court Order.

On March 28, 2025, the U.S. District Court for the Western District of Washington issued a preliminary injunction order in Familias Unidas Por La Justicia v. DOL, et al., No. 24-cv-00637, enjoining the Department of Labor as to its approval of H-2A job orders submitted by certain employers seeking temporary labor certification for work performed in the State of Washington that list only the hourly Adverse Effect Wage Rate (AEWR) as an offered wage when there is an active prevailing piece rate wage for the particular crop or agricultural activity (“AEWR-only job orders”).

As a result of this order, the Department is assessing options for compliance, and employers who may be impacted by this order will experience a temporary delay in the processing of their H-2A job orders or Applications for Temporary Labor Certification. The Department will issue additional information and guidance with respect to this order as soon as possible.

March 24, 2025. Updated Notice: Deletion of Records from FLAG

The Office of Foreign Labor Certification (OFLC) reminds stakeholders that it will begin permanently deleting records in the Foreign Labor Application Gateway (FLAG) for which a final determination was made more than five years ago. The records will be deleted as required by OFLC’s records disposition schedule with the National Archives and Records Administration.

Employers and their representatives must download any records they need from FLAG prior to OFLC commencing the deletion of records more than five years old. To ensure sufficient time to access and download necessary records, OFLC has extended the deadline to do so by one week. OFLC will begin deleting records at 12:00 AM EDT on Thursday, March 27, 2025.

Programs Affected

The following OFLC programs will be impacted by this implementation:

  • Prevailing Wage Determinations (PWD)
  • Temporary Labor Certification Applications (H-2A, H-2B, CW-1 visas)
  • Temporary Labor Condition Applications (H-1B, H-1B1, and E-3 visas)

If you have case older than five (5) years from the date of final determination within the FLAG system, please remember to download these cases no later than March 26, 2025.

Disclaimer: The deletion of records is permanent therefore they cannot be obtained by any means. Deleted records will no longer be accessible to either filers or OFLC and cannot be retrieved upon records requests.

March 24, 2025. Office of Foreign Labor Certification Publishes the 2025 Update to Allowable Charges for H-2A Workers’ Meals and H-2A and H-2B Travel Subsistence Reimbursement, Including Lodging

The Employment and Training Administration has issued a notice in the Federal Register to announce the annual updated dollar amount H-2A employers may charge workers, other than workers in herding or production of livestock on the range occupations, for providing meals and the maximum and minimum rate at which H-2A and H-2B workers must be reimbursed for travel-related subsistence expenses, including lodging. The notice also includes a reminder of the continuing obligation of H-2A and H-2B employers to pay certain transportation-related expenses workers incur while traveling to and from H-2A and H-2B employment.

March 11, 2025. Reminder Notice: Deletion of Records from FLAG

The Department of Labor’s Employment and Training Administration, Office of Foreign Labor Certification (OFLC), record deletion program will begin at 12:00 mid-night on Thursday, March 20, 2025.

Programs Affected

The following OFLC programs will be impacted by this implementation:

  • Prevailing Wage Determinations (PWD)
  • Permanent Labor Certification Applications (PERM)
  • Temporary Labor Certification Applications (H-2A, H-2B, CW-1 visas)
  • Temporary Labor Condition Applications (H-1B, H-1B1, and E-3 visas)

If you have cases older than five (5) years from the date of final determination within the FLAG system, please remember to download these cases no later than March 19, 2025.

March 4th, 2025. OFLC Announces Webinar on March 19, 2025, to Provide Technical Assistance to Stakeholders on the Process for Filing CW-1 Applications for Employment in the Commonwealth of the Northern Mariana Islands

The Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing the CW-1 Application for Prevailing Wage Determination (Form ETA-9141C), the Application for Temporary Employment Certification (Form ETA-9142C), the CW-1 Job Vacancy Announcement, and recruitment reports. The webinar also will cover some of the most pressing and common post-filing issues employers encounter.

Meeting Details:

March 19, 2025, 7:00 PM | (UTC-05:00) Eastern Time (US & Canada) | 1 hr / March 20, 2025, 9:00AM | (UTC+10:00) Chamorro Standard Time | 1 hr

Join from the meeting link: https://usdol.webex.com/usdol/j.php?MTID=m736d0c4906ce6cf8319b2c8522f79598

Join by meeting number:
Meeting number (access code): 2822 028 1568
Meeting password: OFLCCW12025

Tap to join from a mobile device (attendees only):
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