Agency Memos & Announcements

OFLC Announces Annual Determination of H-2A Labor Supply States

10/30/24 AILA Doc. No. 24103008. H-2A Agricultural Worker
Pursuant to 20 CFR 655.154(d), the OFLC Administrator announced the annual determination of H-2A 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.

DOL posted the following notice:
October 30, 2024. 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 June 14, 2024, 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 specific geographic 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:

  • Pennsylvania: OFLC is replacing Puerto Rico and Virgina as expected labor supply states with Delaware, Maryland, New Jersey, Ohio, and West Virginia for jobs in the Commonwealth of Pennsylvania.

Updated labor supply state information is available on OFLC's labor supply State page on the Foreign Labor Application Gateway (FLAG).

Download this Document
Cite as AILA Doc. No. 24103008.