The FLC program is used to help employers find qualified workers to perform services (less than one year) in agricultural or non-agricultural positions when U.S. workers are not able, willing, qualified or available to fill positions.
Employers may request approval for guest workers through the H-2A (Agricultural) or H-2B (Non-Agricultural) visa process. The process depends on the nature of the visa requested.
Click on the H-2A Temporary Agricultural Program or H-2B Temporary Non-Agricultural Program links below for a description of the process in Ohio.
For detailed FLC program information visit the Department of Labor’s website athttps://www.dol.gov/agencies/eta/foreign-labor
H-2A Agricultural Temporary Visa
Foreign Labor Application Gateway (FLAG) -https://flag.dol.gov
Steps for filing an H-2A request:
An employer and/or legal representative completes a request for H-2A guest workers through the FLAG website. Account set-up and filing instructions are located on the FLAG website athttps://flag.dol.gov
The Chicago National Processing Center (CNPC) will notify the Ohio Foreign Labor Certification (FLC) office via FLAG of the new request.
The Ohio FLC will:
- Review the contents of the application for completeness.
- Complete a Notice of Deficiency (NOD) or Notice of Acceptance (NOA) then send to the employer or employer representative.
- Review and/or request housing inspections of employer-provided housing for temporary agricultural workers.
- Create a job posting on OhioMeansJobs.com.
- Notify the employer and/or the legal representative of the job posting number via e-mail including a copy of the Notice of Acceptance (NOA); state workforce agency (SWA) accepted ETA 790; a copy of the OhioMeansJobs job order.
- Notify the respective OhioMeansJobs center of the job posting.
- Refer able, available, qualified, willing individuals to the employer.
CNPC approves the request with a Notice of Acceptance (NOA), thus approving recruitment of U.S. workers. Job orders received from other states will be entered in OhioMeansJobs.com.
Employer-owned/rented housing
Hotel or Motel
An employer requesting an H-2A visa must provide approved housing. Housing may be employer-owned, rented, or hotel/motel. The type of housing should be noted on the application as to whether it is employer-owned, rented, or hotel/motel.
Employer-owned/rented housing:FLC will request an inspection to ensure the housing meets Occupational Safety and Health Administration (OSHA) standards. If rented housing, a dated rental agreement is required, signed by both employer and lessor covering the period of need. A copy of the housing checklist used for the inspection can be obtained by emailing FLC@jfs.ohio.gov.
Hotel or motel:Must provide a statement on hotel or motel letterhead detailing:
- the number of rooms renting;
- the dates the rooms will be rented;
- the number of beds in each room;
- whether the rooms provide full cooking and food storage facilities; or
- menus from the restaurants in the hotel/motel area.
Workers Compensation Certificate
A copy of theWorkers Compensation Certification (example)for Ohio must be submittedto FLAG with the ETA 790.
For questions, please contact the Ohio SWA at FLC@jfs.ohio.gov or at 888-296-7541, option 1 for English, 2 for Workforce Programs.
H-2A Worker’s Rights Information
Employee Rights Under the H-2A Program
Derechos del empleado bajo el programa H-2A
H-2A Worker Rights Card
Tarjeta de derechos del trabajador H-2A
Farm Worker Rights Flyer/Folleto de derechos del trabajador agrícola
Information on Rules and Regulations for Foreign Labor Recruiters
Guidance on Fair Recruitment Practices for Temporary Migrant Workers
H-2B Non-Agricultural Temporary Visa
Foreign Labor Application Gateway (FLAG) -https://flag.dol.gov
SUPPORTING DOCUMENTS QUICK LINKS
The prevailing Wage Request (ETA 9141)is completed 135-150 days prior to the work start date in FLAG.
OhioMeansJobs.com Job Order Form
To file an H-2B request:
In conjunction with filing an H-2B application on https://flag.dol.gov, employer and/or legal representative submits the H-2B job order with Ohio State Workforce Agency (Ohio SWA) by filling out the OhioMeansJobs.com Job Order Form. To serve as the employer and/or legal representative’s copy of the job order, the employer and/or legal representative will receive an automated confirmation e-mail from FLC@jfs.ohio.gov. For filing with the U.S. Department of Labor, H-2B instructions are located on the FLAG website at https://flag.dol.gov.
Once approved by the Chicago National Processing Center, a Notice of Acceptance will be sent to the Ohio SWA and the job posting will go live on OhioMeansJobs.com within 7 business days.
The Ohio SWA will:
- Host the job posting on OhioMeansJobs.com.
- Notify the employer and/or legal representative of the job posting number via e-mail.
- Refer able, available, qualified, willing individuals to the employer.
For questions, please contact the Ohio SWA at FLC@jfs.ohio.gov or at 888-296-7541, option 1 for English, 2 for Workforce Programs.
H-2B Worker’s Rights Information
Employee Rights Under the H-2B Program
Derechos del empleado bajo el programa H-2B
H-2B Worker Rights and COVID-19
Derechos del trabajador H-2B y COVID-19
Information on Rules and Regulations for Foreign Labor Recruiters
Guidance on Fair Recruitment Practices for Temporary Migrant Workers
Contact Information for the State Federation of Labor and office(s) of local union(s) representing employees in occupations traditionally or customarily unionized
AFL-CIO Contact Information
