United States | Public comment on part of 2022 H-2A Final Rule open through July 21, 2025

The Office of Foreign Labor Certification (OFLC) recently announced solicitation of input for the annual determination of labor supply states (LSS) to enhance U.S. worker recruitment under the 2022 H-2A Final Rule.

Key Points:

• The 2022 H-2A Final Rule (which became effective on Nov. 14, 2022) implemented a new process for the OFLC Administrator’s determination of LSS, which are additional states where an employer’s job order will be circulated and, if appropriate, where additional positive recruitment may be required of the employer.
• The OFLC Administrator is soliciting 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 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 requests information from the public regarding the availability of qualified workers and the appropriate, effective methods of contacting those workers.
• OFLC will only consider electronic submissions to the email address H2ALaborSupply@dol.gov for making determinations as to LSS. Any submissions sent through the mail or other correspondence will not be accepted.
• The solicitation period will be open for a period of 60 days through July 21, 2025.

Additional Information: The OFLC Administrator will also consider data and information about labor flow trends from the public to inform a determination regarding expanded interstate circulation of H-2A job orders by State Workforce Agencies 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.

This alert has been provided by the BAL U.S. Practice Group.

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