U.S. DOL Seeks Public Input on H-2A Labor Supply States: Critical Opportunity for Farmers, Employers & Stakeholders in 2026

H-2A Labor Supply States 2026: DOL seeks public input by July 21. Farmers and employers can shape agricultural recruitment rules. How to submit comments via email.

Washington, D.C., May 29, 2026 — The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has officially opened its annual public comment period on Labor Supply States (LSS) under the 2022 H-2A Final Rule. This crucial process directly influences how agricultural employers recruit U.S. workers before they are allowed to hire foreign H-2A visa holders, which is a significant concern for the farming community due to ongoing labor shortages.

This year’s solicitation is particularly significant as the agricultural sector continues to face challenges in finding sufficient domestic workers while navigating stricter compliance requirements.

What Are Labor Supply States?

Labor Supply States are geographic areas where the Department of Labor has determined there is a reliable pool of qualified U.S. workers available for agricultural jobs. Employers recruiting in or from these states must:

• Circulate job orders more widely across state lines

• Conduct additional recruitment efforts

• Provide stronger evidence that they have made genuine attempts to hire American workers

Precise LSS designations aid in balancing farmers' needs with the legal obligation to prioritize American workers.

What OFLC Is Asking For This Year

The agency is actively seeking detailed public input on:

• Availability of qualified U.S. workers in specific states and regions

• Effectiveness of current recruitment methods and outreach strategies

• Best practices for informing domestic workers about agricultural job opportunities

• Any data showing that previous Labor Supply State designations are outdated or inaccurate

• Recommendations for improving the overall H-2A labor market testing process

Existing Labor Supply State requirements will remain in effect until the OFLC Administrator reviews the comments and issues updated determinations.

How to Submit Comments

Public input must be sent by email only to: oflc.h2alaborsupply@dol.gov

Deadline: July 21, 2026

Submissions by mail, fax, or any other method will not be accepted. Clear, data-supported comments are strongly encouraged.

Why This Matters for U.S. Agriculture in 2026

The H-2A program has seen record demand as American farms struggle with chronic labor shortages. Farmers and agricultural associations have consistently cautioned that excessively broad or outdated Labor Supply State classifications can lead to unnecessary delays and expenses, while incorrect classifications may jeopardize efforts to recruit domestic workers.

This public comment period gives stakeholders a direct voice in shaping the rules that govern one of the most important temporary worker programs in American agriculture.

Practical Advice for Stakeholders

For Farmers & Employers:

• Share real-world recruitment outcomes and challenges

• Provide data on actual U.S. worker response rates

• Highlight seasonal and regional labor market realities

For Worker Advocates & State Agencies:

• Submit evidence on worker availability and barriers to employment

• Recommend effective outreach methods for domestic workers

• Highlight best practices from successful recruitment programs

For Trade Associations:

• Coordinate sector-wide responses with aggregated data

• Advocate for practical, evidence-based adjustments

Broader Context of H-2A Program in 2026

The H-2A visa program remains essential for many U.S. farms, particularly in labor-intensive crops. With growing pressure on both sides — farmers needing reliable labor and policymakers emphasizing protection of American workers — the annual LSS review process plays a crucial role in maintaining balance.

The 2022 H-2A Final Rule significantly expanded public input mechanisms, making this comment period more important than ever for influencing future policy.

Next Steps After the Comment Period

After July 21, 2026, the OFLC Administrator will review all submissions and issue updated Labor Supply State determinations. These decisions will have a direct impact on the circulation of H-2A job orders and recruitment responsibilities for the 2027 agricultural season. Stakeholders are encouraged to participate actively to ensure the H-2A program remains practical, effective, and fair for both employers and workers.

For the latest updates, detailed guides, H-2A visa strategies, labor supply state analysis, and 2026 U.S. agricultural immigration news, visit: visasupdate.com/blog/categories/usa