Public Comment Opportunity on 2022 H-2A Final Rule for Labor Supply States
- Jun 2, 2025
- 2 min read
The U.S. Department of Labor's Office of Foreign Labor Certification (OFLC) is seeking public feedback to determine the annual list of Labor Supply States (LSS). This is part of the 2022 H-2A Final Rule, which has been in effect since November 14, 2022. The goal is to improve how U.S. agricultural workers are recruited for H-2A visa job openings. Interested parties have 60 days, until July 21, 2025, to submit their comments and help shape labor recruitment strategies.
Understanding the 2022 H-2A Final Rule and Labor Supply States
The 2022 H-2A Final Rule established a new procedure for the OFLC Administrator to identify Labor Supply States (LSS). These are additional states where employers are required to post job openings through State Workforce Agencies (SWAs) to recruit U.S. workers. In certain situations, employers might also need to undertake extra recruitment activities in particular areas where qualified workers are available..
This process ensures that agricultural employers prioritize hiring domestic workers before relying on H-2A foreign labor. The annual LSS determination helps balance labor demands while protecting opportunities for U.S. agricultural workers.
Purpose of the Public Comment Period
The OFLC seeks public input to identify:
Areas of Traditional or Expected Labor Supply: States or regions with significant numbers of qualified agricultural workers.
Effective Recruitment Methods: Strategies to engage workers, such as job fairs, online platforms, or community outreach.
The OFLC Administrator will also analyze data on labor flow, including information from the agricultural recruitment clearance system. This analysis will be used to broaden the circulation of job postings across states, with the aim of increasing U.S. workers' access to agricultural employment opportunities.
How to Submit Comments
The OFLC is accepting electronic submissions only at H2ALaborSupply@dol.gov. Mail submissions will not be considered. Stakeholders—including employers, worker advocates, and industry groups—are encouraged to provide details on:
Availability of qualified U.S. workers in specific states/regions.
Effective recruitment strategies (e.g., digital outreach, partnerships with local agencies).
The public comment period runs from May 30, 2025, to July 21, 2025. All feedback will inform the LSS determination.
Why This Matters for U.S. Agricultural Workers
The LSS determination ensures that H-2A employers actively recruit domestic workers before hiring foreign labor. By identifying high-supply labor regions, the OFLC strengthens job access for U.S. workers while supporting agricultural labor needs.
For related updates on U.S. immigration policies, check our guide on CBP’s Biometric Border Technology at U.S. Airports.
Recent Changes to Labor Supply States
Based on feedback received from the public, the OFLC made updates to the Labor Supply State (LSS) requirements in 2024.
Pennsylvania's list of Labor Supply States (LSS) was updated. Instead of Puerto Rico and Virginia, the LSS for Pennsylvania now includes Delaware, Maryland, New Jersey, Ohio, and West Virginia.
Michigan no longer recognizes North Carolina and Texas as traditional labor supply states.
These adjustments reflect evolving labor market trends and stakeholder feedback.
Get Involved in the H-2A Recruitment Process
This public comment period is a key opportunity to influence H-2A recruitment policies. Submit your insights by July 21, 2025, to H2ALaborSupply@dol.gov.
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