The 2022 H-2A Final Rule, effective November 14, 2022, implemented a new process for the Department of Labor’s Office of Foreign Labor Certification (OFLC) Administrator’s determination of labor supply states (i.e., additional states in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required). Under that rule, the OFLC Administrator will gather and review public input annually about labor supply and related recruitment mechanisms and will publish a labor supply state determination on the OFLC website. The labor supply state determination will become effective on the date of publication for employers who have not begun recruitment after receiving a Notice of Acceptance. It will remain valid until the OFLC Administrator publishes a new determination on the website.
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 appropriate, effective means of recruiting those workers. Information the OFLC said could be helpful includes, for example:
- The type of qualified workers available (e.g., tomato harvest workers);
- The state and area within the state where the workers may be found (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
- Contact information for the person or entity to be contacted to conduct the recommended recruitment activity.
OFLC seeks this information by July 31, 2023. OFLC will only consider electronic submissions to H2ALaborSupply@dol.gov.