Foreign Labor Certification

Foreign Labor Certification (FLC) Programs are implemented by the State Workforce Agencies (SWA) and administered through the United States Department of Labor Employment (USDOL) and Training Administration, Office of Foreign Labor Certification’s national office and processing centers. FLC Program regulations are published in the Code of Federal Regulations (CFR) which provide guidelines on the processing of applications, timelines, responsibilities, etc. Additional guidance may be provided by USDOL through advisories such as Training and Employment Guidance Letters (TEGLs), approved instructions and forms, etc.

Foreign Labor Application Gateway (FLAG)

The USDOL created a newly modernized management information system for submitting labor certification, prevailing wage applications, and to communicate with the Office of Foreign Labor Certification (OFLC) throughout the application process. This system additionally posts submitted temporary labor certification jobs to an advertising site called Seasonal Jobs found at https://seasonaljobs.dol.gov/.

To access the portal: Foreign Labor Application Gateway

CASE STATUS HOTLINE 1-800-347-3732

The Case Status Hotline provides an avenue for employers, employer representatives, or agents to inquire on the status of their case. Inquiries may be, but not limited to concerns regarding job order application, a notice of deficiency, housing inspection, or certification. Arkansas Workforce Connections has partnered with the Arkansas Department of Agriculture to collect housing inspection data such as, but not limited to photos, observations, documentations, etc. on site. The Office of Employment and Training of Arkansas Workforce Connections reviews all housing inspection data collected and determines partial certification, full certification, or denial of certification for all housing inspections.

H-2A Temporary Labor Certification (Seasonal Agricultural) Program

About the H-2A Program

The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment of a seasonal nature is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the need to fill the position with a temporary worker is expected to last no longer than one year (except in extraordinary circumstances.) Additional information may be found by going to additional web links listed below under Resources.

Certification Timelines

The Office of Employment and Training is committed to assisting Arkansas farms and understands the time frames employers need to carry out activities after certification. Every effort is made to either certify housing to be used for H-2A workers or send a Notice of Deficiency (NOD) 30 days before the first date of need. Once housing is certified, the employer or authorized representative and agent (if applicable) will receive an automated e-mail and a copy of the H-2A Housing Pre-occupancy Certification. Employers must have the H-2A Housing Pre-occupancy Certification posted at each housing location used for H-2A workers. Employers who have not received a H-2A Housing Pre-occupancy Certification or a Notice of Deficiency (NOD) by 30 days before first date of need or arrival of the first worker may call 1-800-347-3732 to check on the status of the case.

FLC FAQs

Question: When will my housing be approved?

Answer: By 30 days before your first date of need, your housing should be reviewed, and you should receive either a Preoccupancy Certification or a Notice of Deficiency explaining what you need to do to be certified.

Question: How do I check on the status of my housing?

Answer: So that the FLC team may focus on reviewing applications, we suggest waiting until 30 days before your first date of need. If you haven’t received your certification or a Notice of Deficiency by that date, please call 1-800-347-3732.

Question: What can I do to move my application along?

Answer:

Make sure you have enough beds for the number of workers requested, and that the beds are assembled and off the floor.
Make sure you have the correct housing addresses on your application.
Make sure you have screening on all windows and doors.
Make sure your housing meets Occupational Health and Safety Administration (OHSA) and Employment and Training Administration (ETA) requirements.

Question: How many applications do you handle each year?

Answer: Last season we certified:

11,215 Worker Capacity

1,432 Housing Inspections

5,709 Bedrooms

Learn more about the H-2A program here:

H-2A Temporary Agricultural Program | U.S. Department of Labor (dol.gov)

ETA & OSHA Housing Checklists

Agricultural Clearance Order Form ETA-790, U.S. Department of Labor “OMB Approval: 1205-0466; Expiration Date: 11/30/2025”

Agricultural Clearance Order Form ETA-790 A, U.S. Department of Labor

USDOL H-2A Process Flowchart

H-2A Employer Handbook

USDA Farmer.gov Interactive Tool

H-2A Adverse Effect Wage Rates

Employee Rights

Employee Rights under the H-2A Program (English) WHD1491Eng_H2A.pdf (dol.gov)

Employee Rights under the H-2A Program (Spanish) WHD1491Span_H2A.pdf (dol.gov)

H-2A Worker Rights Card (English) H2AEnglish.pdf (dol.gov)

H-2A Worker Rights Card (Spanish) H2ASpanish.pdf (dol.gov)

H-2B Temporary Labor Certification (Non-Agricultural) Program

About the H-2B Program

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time, such as a one-time occurrence, seasonal need, peak-load need, or intermittent need. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification. The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.

Learn more about the H-2B program here:

H-2B Program | U.S. Department of Labor (dol.gov)

US Citizenship and Immigration Services (USCIS) – H-2B