H-2A Labor Supply State Determinations
Last updated: December 7, 2023
Introduction
Pursuant to the 2022 H-2A Final Rule, effective on November 14, 2022, the Office of Foreign Labor Certification (OFLC) implemented a new process for determining labor supply states (LSS). LSS are additional states to which an employer’s approved job order will be circulated by the State Workforce Agency (SWA) with which the job order is placed and, if appropriate, area(s) of labor supply within a designated state, if any, where additional positive recruitment efforts may be required of the employer. Consistent with 20 CFR 655.154(d), the OFLC Administrator solicited public input about LSS and related positive recruitment mechanisms to make a determination identifying the areas of traditional or expected labor supply where employment will take place or where employment will occur for jobs which include multistate itineraries. The solicitation requested information regarding the availability of qualified workers and the appropriate and effective means of recruiting those workers.
Based on the state in which the approved Form ETA-790/790A was originally placed with the SWA, the LSS chart below contains two columns of recruitment requirements. First, the SWA will be required to circulate, on behalf of the employer, approved job orders to each of the additional states identified in the Labor Supply States column and help facilitate the referral of qualified workers from those states to the employer. Second, the column identified as Additional Employer Positive Recruitment includes specific positive recruitment requirements the employer will be required to conduct and which will be identified by the OFLC Certifying Officer in the Notice of Acceptance Letter.
Effective Date: The LSS determinations contained in the chart below are effective for all Notices of Acceptance issued on and after December 8, 2023. 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).
Labor Supply State Chart
H-2A Filing State | Labor Supply States - The Job Order will be transmitted to the following SWAs for interstate recruitment | Additional Employer Positive Recruitment |
|---|---|---|
| Alaska | California | None |
| Arizona | New Mexico, Nevada, California | None |
| Alabama | Georgia, Mississippi, Florida | None |
| Arkansas | Louisiana, Oklahoma, Texas | None |
| California | Oregon, Washington | None |
| Colorado | Arizona (Excludes Sheepherding), New Mexico, Oklahoma, Texas | None |
| Connecticut | New York, Massachusetts, Puerto Rico | None |
| District of Columbia | Maryland, Virginia | None |
| Delaware | Pennsylvania, Virginia, Florida | None |
| Florida | Alabama, Georgia, Mississippi, Texas, North Carolina, Puerto Rico | None |
| Georgia | None | None |
| Hawaii | California | None |
| Idaho | Oregon, Washington | None |
| Illinois | Kentucky, Missouri, Texas | None |
| Indiana | Michigan, Ohio, Texas | None |
| Iowa | Missouri, Texas | None |
| Kansas | New Mexico, Oklahoma | None |
| Kentucky | Tennessee, Florida | None |
| Louisiana | Arkansas, Mississippi, Texas | None |
| Maine | New Hampshire, Vermont, Puerto Rico (Excludes Logging Applications) | None |
| Maryland | Virginia, Texas, Puerto Rico | None |
| Massachusetts | New York, Pennsylvania, Puerto Rico | None |
| Michigan | Ohio, Indiana, Florida, Georgia, Puerto Rico | None |
| Minnesota | Iowa | None |
| Mississippi | Alabama, Louisiana, Florida | For work in the Delta area, additional recruitment will include one advertisement placement in "The Enterprise-Tocsin" newspaper and either one advertisement placed in the "The Delta Democrat" newspaper if the work is in the counties of Leflore Carroll, Grenada, Holmes, Montgomery and Tallahatchie or one advertisement placed in the "The Greenwood Commonwealth" newspaper if the work is in the counties of Bolivar, Sunflower, Humphreys, Sharkey, Issaquena, Chicot and Desha. |
| Missouri | Illinois, Kansas | None |
| Montana | Idaho, Wyoming | None |
| Nebraska | Kansas, Missouri, Texas | None |
| Nevada | Arizona, Oregon | None |
| New Hampshire | New York, Vermont | None |
| New Jersey | New York, Pennsylvania, Puerto Rico | None |
| New Mexico | Arizona, Texas | None |
| New York | New Jersey, Pennsylvania, Puerto Rico | None |
| North Carolina | Virginia, South Carolina, Puerto Rico, Tennessee (Christmas Trees Only) | None |
| North Dakota | Montana, South Dakota | None |
| Ohio | Michigan, Texas, Florida | None |
| Oklahoma | Arkansas, New Mexico, Kansas, Colorado, Texas | None |
| Oregon | Washington, Nevada, California, Arizona | None |
| Pennsylvania | New York, Virginia, Puerto Rico | None |
| Rhode Island | New York, Massachusetts, New Jersey, Connecticut, Maine, Puerto Rico | None |
| South Carolina | Georgia, Tennessee, Florida | None |
| South Dakota | Iowa, Nebraska, Texas | None |
| Tennessee | Georgia, Kentucky | None |
| Texas | Oklahoma, New Mexico, Louisiana, Arkansas | None |
| Utah | Arizona, New Mexico, Texas | None |
| Vermont | Massachusetts, New York | None |
| Virginia | North Carolina, Puerto Rico, Tennessee (Christmas Trees Only) | None |
| Washington | Idaho, Oregon, California | None |
| West Virginia | Maryland, Virginia | None |
| Wisconsin | Illinois, Iowa, Texas | None |
| Wyoming | Oregon, Idaho | None |
| North Mariana Islands | None | None |
Note: If work is performed in States outside of the H-2A filing States and the additional Labor Supply States listed, the State(s) where additional work is performed will also be provided a copy of the Job Order to the SWA for interstate recruitment. | ||