Office of Foreign Labor Certification Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment
DOL posted the following notice regarding the annual determination of H-2A labor supply states for U.S. worker recruitment.
December 7, 2023. Office of Foreign Labor Certification Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment
The 2022 H-2A Final Rule, 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 recruitment may be required. On May 30, 2023, consistent with 20 CFR 655.154, the OFLC Administrator solicited public input for 60 days 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. This determination includes particular 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 LSS determination is effective as of the date of this announcement for employers who have not commenced recruitment after receiving a Notice of Acceptance. This determination will remain valid until the OFLC Administrator publishes a new determination on the OFLC website as provided by 20 CFR 655.154(d).
After consideration of the information received, the OFLC Administrator has determined that all current LSS requirements will remain in full effect, with the following modifications:
- Michigan: OFLC will no longer recognize North Carolina and Texas as traditional labor supply states for the State of Michigan.
Updated labor supply state information is available on OFLC’s labor supply State page on the Foreign Labor Application Gateway (FLAG):