OFLC Announces Annual Determination of H-2A Labor Supply States
The Office of Foreign Labor Certification (OFLC) posted the following:
November 2, 2026. Office of Foreign Labor Certification Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment
Pursuant to 20 CFR 655.154(d), the Office of Foreign Labor Certification (OFLC) Administrator announces the annual 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 22, 2026, consistent with 20 CFR 655.154, the OFLC Administrator solicited public input for 60 days regarding LSS and related recruitment mechanisms in order to determine 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 identifies specific geographic area(s) of the United States in which a significant number of qualified workers have been identified 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 is adding Texas to Michigan's Labor Supply Matrix to begin interstate recruitment for job orders originating in Michigan.
- North Dakota: OFLC will remove South Dakota from North Dakota's Labor Supply Matrix.
Updated labor supply state information is available on OFLC's Labor Supply State page on the Foreign Labor Application Gateway (FLAG).