United States | OFLC requests public input on H-2A labor supply

The Office of Foreign Labor Certification (OFLC) has announced the annual solicitation of public input for its determination of labor supply states (LSS) under the 2022 H-2A Final Rule.

Key takeaways:

OFLC seeks public input on labor supply states. The 2022 H-2A Final Rule established a process for identifying additional states where job orders must be circulated and where employers may be required to conduct additional recruitment of U.S. workers that includes direct public input.

Public input will help inform recruitment requirements and interstate job order circulation. Information that the OFLC administrator will take into consideration includes type of qualified worker availability, state and geographic areas, methods for informing workers of job opportunities, and individual and organizational contact methods.

Existing labor supply state requirements remain in effect. Prior LSS determinations will remain in effect “unless the OFLC Administrator receives information indicating that a previous LSS is no longer a source for qualified workers.”

Deadline and submission process. Public input can only be submitted via email to oflc.h2alaborsupply@dol.gov through July 21, 2026. Submissions by mail or other methods will not be accepted.

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

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