Farm Labor Stabilization and 

Protection Pilot Program 

(FLSP)

October 2023
Agenda

FLSP Webinar 

Basic Overview 

Oct 25, 2023

 FLSP background and goals

 FLSP Structure, requirements and supplemental 

commitments

 Application types / eligibility

Q&A

 Allowable use of grant fund

 Grant Evaluation Criteria

 Steps to Apply

 Technical Assistance 

Q&A

1
Program 

Goals

• The FLSP program aims to improve food and 

agricultural supply chain resiliency by addressing 

challenges agricultural employers face with labor 

shortages and instability.

• Goal 1: Drive U.S. economic recovery and 

safeguard domestic food supply by addressing 

current labor shortages in agriculture.

• Goal 2: Reduce irregular migration from 

Northern Central America through the expansion 

of regular pathways.

• Goal 3: Improve working conditions for all 

farmworkers.

2
H-2A Requirements

• FLSP separate and distinct from H-2A Program.

• H-2A requirements:

 Employers must demonstrate to Department of Labor 

 (DOL) that:

1. There are insufficient U.S. workers available to 

perform the labor or services in the labor 

certification application (Job Order), and 

2. That the employment of foreign workers will not 

adversely affect the wages and working conditions 

of workers in the U.S. similarly employed. 

3
Eligibility &

Award 

Amounts

• Up to $65 million in competitive grants for agricultural employers

• The award amounts will be determined based on the 

1) projected number of full-time equivalent agricultural employees 

(FTEs) and 

2) requested award level (Baseline, Silver or Platinum).

• Fixed-Award grant over 24-month grant period

4
Baseline Requirements (for all award levels)

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1. Universal protections and benefits

• All commitments must be applied universally to all applicant’s agricultural employees, H-2A or otherwise at each 

work site within the applicant’s operation. If awarded, all commitments in the Awardee’s application must be 

included in their H-2A Job Order.

2. Participation in FLSP research and reporting

• Awardees must participate in research conducted by a non-partisan, third-party university partner selected by USDA. 

USDA requires that all Awardees agree to grant access to their full agricultural workforce (or contractors).

3. Participation in Know Your Rights and Resources (KYRR) access and training

• In-person 2-hour KYRR session conducted by USDA cooperator partner at start of workers’ contracts, on-site in a 

conducive environment scheduled within two weeks of employees’ start date.

4. Responsible Recruitment

• Describe recruitment methods for U.S. and foreign workers.

• If using a private recruiter: 

• Disclose of the name of all agents and sub-contractors, 

• Recruiter is registered in the country in which they recruit, if available.

• Submit Recruiter Partner Letter with recruiter’s complete written responses
Supplemental Employee 

Commitments for Silver and Platinum 

Award Level

RESPONSIBLE RECRUITMENT PAY, BENEFITS AND WORKING 

CONDITIONS PARTNERSHIP AGREEMENTS

• Silver: recommended but not 

required

• Platinum: required

• Silver: choose at least two

• Platinum: choose at least three

• Silver: recommended, but not 

required

• Platinum: choose at least one

1. Recruitment via NCA 

Ministries. 

1. Overtime Pay

2. Bonus Payment

3. Paid Sick Leave

4. Weekly Housing Maintenance Plan

5. Collaborative Working Group

6. Innovative External Partnership

1. Worker-Driven Social 

Responsibility (WSR) program

2. Collective Bargaining Agreement 

(CBA)

3. Committing to Neutrality, 

Access, and Voluntary 

Recognition 
Supplemental Employee Commitments: 

Recruitment

RESPONSIBLE 

RECRUITMENT

Silver: recommended, but 

not required

Platinum: required

1. Recruitment via 

Northern Central 

American (NCA) 

Ministries. 

Recruitment of any new individual H-2A workers 

via Ministries of Labor in Guatemala and Honduras 

and the Ministry of Foreign Affairs in El Salvador. 

NCA vetting and visa processing is supported with 

free Consulate and Recruitment technical assistance 

for Awardees.

7
Supplemental Commitment Options:

Pay, Benefits And Working Conditions

• Overtime Pay. Where not already 

required by state law.

• Bonus Payment. Clearly defined 

bonus payment to all employees 

transmitted at regularly scheduled 

intervals throughout the duration of 

the employee’s contract.

• Paid Sick Leave. Paid sick leave plan 

that includes accruing at least 4 

hours per (2-week/bi-monthly) pay 

period, with a minimum of 5 days 

leave per year.

PAY, BENEFITS AND WORKING 

CONDITIONS

Silver: choose at least two

Platinum: choose at least 

three

1. Overtime Pay

2. Bonus Payment

3. Paid Sick Leave

4. Weekly Housing 

Maintenance Plan

5. Collaborative Working 

Group

6. Innovative External 

Partnership
Supplemental Commitment Options:

Pay, Benefits And Working Conditions (cont)

• Weekly Housing Maintenance Plan that works resolve 

issues in a timely fashion and address feedback or 

concerns from workers.

• Collaborative Working Group(s) of at least 50% 

workers that addresses issues such as workplace safety 

and health, pesticide safety, transportation safety, 

housing, reporting grievances or problems, etc.

• Innovative External Partnership. Implement or 

demonstrate a plan to support improving health, 

safety, worker representation, professional 

development, or other benefit or program, and note 

key partnership(s) that will help 

facilitate implementation.

PAY, BENEFITS AND WORKING 

CONDITIONS

Silver: choose at least two

Platinum: choose at least three

1. Overtime Pay

2. Bonus Payment

3. Paid Sick Leave

4. Weekly Housing Maintenance Plan

5. Collaborative Working Group

6. Innovative External Partnership
Supplemental Commitment Options:

Partnership Agreements

PARTNERSHIP AGREEMENTS

Silver: recommended, but not required

Platinum: choose at least one

1. Worker-Driven Social Responsibility 

(WSR) program

2. Collective Bargaining Agreement (CBA)

3. Committing to Neutrality, Access, and 

Voluntary Recognition 

• Worker-driven Social Responsibility (WSR) 

program.

• Collective Bargaining Agreement (CBA).

• Committing to Neutrality, Access, and Voluntary 

Recognition (where permitted under state law).
Application Types
Application Types 
What Can The Funding Be Used For?

 Broad categories include:

• Costs related to hiring and onboarding U.S. and H-2A workers including, for example but not limited to 

recruitment, applications, attorneys, and other consulting fees, etc.

• Costs related to wages, business and administrative costs related to compliance with the program commitments, 

etc.

See Section 6.0 in FLSP General Terms and Conditions for more details on Allowable Costs.

• Housing maintenance costs 

• Allowable for rental costs. However, lease agreements to own are not allowable. The lease or rental agreement 

must terminate at the end of the grant FLSP period of performance.

• Rearrangement and reconversion costs are allowable, including those incurred in restoring or rehabilitating the 

awardee’s facilities to approximately the same condition existing before the start of the grant agreement, less 

costs related to normal wear and tear (2 CFR § 200.462). 

• Any alterations to housing, or reconversion must ensure compliance with the National Environmental Policy Act 

(NEPA) - 7 CFR § 1(b). 
Project Evaluation Criteria

 Applications will be reviewed and scored competitively using the criteria listed below. 

• Alignment with FLSP Goals and complete Narrative Application Form

• Responsible Recruitment

• Supplemental Employee Commitments

• Description of Employer Practices and Plans

• Impact on your Operation

 See Section 6.0 Project Evaluation Criteria in NFO for more details.
Key steps in applying to FLSP

📅📅

1. Set up your required accounts.

 Obtaining/existing UEI number (allow 7-10 days)

 Active Sam.gov account (allow 7-10 days)

 Obtaining/existing TIN/EIN (allow 2 weeks)

 Creating Grants.gov profile (allow 4 weeks)

** NOTE: Cannot apply to the program without these preliminary steps **

Please begin these steps if you are *considering* applying to FLSP to prevent hiccups before 11/28 

deadline. Begin these ASAP.
Key steps in applying to FLSP 

2. Access and review FLSP materials.

• Visit the AMS website (www.ams.usda.gov/flsp) or navigate to the opportunity in Grants.gov

(Assistance Listing 10.978).

• Read the FLSP Notice of Funding Opportunity (NFO) and determine if you are eligible (Section 3.0),

Narrative Application Form and the FLSP General Terms and Conditions.

3. Determine Application Type 

• Review Section 3.3 Application Types. 

• Consider implications of each option if you are part of an 

association (that is your agent) or typically apply for H-2A 

through a joint employment partnership. 

• If part of an association or joint employer relationship, discuss 

their interest in the program and determine if you will apply 

together and at what level.
Key steps in applying to FLSP 

4. Determine the range of awards you are eligible for based on FTEs 

• Calculate how many annual FTEs you have. To get FTE for the year, divide the total annual worker 

hours worked by 2080 (which assumes a 40-hour workweek for 52 weeks of the year). 

• See Table 1 (Section 1.3 in NFO) with range of awards available, depending on the size of your 

operation and commitment level. Your FTE total tells you which column in the table you are eligible 

for.

4. Decide on your desire Award Level (Baseline, Silver or Platinum)

• Determine which commitments your operation would like to choose and consider how to implement 

each one based on the Supplemental Employee Commitments describe in NFO (Table 3). 
Key steps in applying to FLSP 

6. Fill out your application. 

• All application forms/templates available on the 

FLSP website: 

www.ams.usda.gov/flsp and Grants.gov

(Assistance Listing 10.978). 

• All applications must be submitted 

electronically. Paper/mailed applications will 

not be accepted. 
Important 

Dates

• September 22, 2023

Application 

Opens:

• November 28, 2023, 

at 11:59 p.m. Eastern 

Time

Application 

Closes:
Technical Assistance

All Technical Assistance (TA) info at: 

www.ams.usda.gov/services/grants/flsp/assistance

TA tips

 Attend upcoming USDA Office Hours see link for schedule

 Attend (or listen to recordings) of upcoming webinars

 Check the FAQs! (updated weekly) www.ams.usda.gov/services/grants/flsp/faq

 Email FLSPgrants@usda.gov

 Additional TA Providers

- Grants Solutions (Grants.gov related)

- Seso (H-2A related)

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TA: Webinars

Webinar Dates

Day Date Time Type / Focus

Wed 25-Oct 2:00pm EST Basic Program Overview

Tues 31-Oct 2:00pm EST NCA Recruitment

Wed 8-Nov 2:00pm EST Achieving Silver/Platinum

Wed 15-Nov 2:00pm EST en Español

Mon 27-Nov 2:00pm EST Small Growers

Wed 6-Dec 2:00pm EST H-2A overview

Updates at

https://www.ams.usda.gov/services/grants/flsp/assistance
TA: Office Hours

Office Hour Dates

Day Date Time

Thursday 26-Oct 4:00pm EST

Friday 3-Nov 2:00pm EST

Thursday 9-Nov 4:00pm EST

Friday 17-Nov 2:00pm EST

Monday 27-Nov 4:00 pm EST

Updates at

www.ams.usda.gov/services/grants/flsp/assistance
Introducing 

Seso

j

FLSP Technical Assistance 

Provider Daniel Ross H-2A Compliance 

Attorney
Seso’s

Technical 

Assistance

Timeframe Resources Available

During the FLSP application 

window

• Webinars

• Office Hours

During the FLSP award 

performance period

• Intake survey (to target your 

TA needs)

• Webinars

• Office Hours

• 1:1 Consultation

• H-2A Compliance Software

• NCA Worker Recruitment

• NCA Consulate Services

Bring all your H-2A questions to the Seso team of experts 
H-2A Program 

Basics

The H-2A temporary agricultural program assists 

employers facing a shortage of domestic workers by 

allowing them to bring foreign workers to the U.S. for 

temporary or seasonal agricultural work, such as planting, 

cultivating, and harvesting.

Seasonal work is tied to specific times of the year due to 

events or patterns, like annual growing cycles.

To participate, you work with your State Workforce Agency 

to recruit U.S. workers. They will publicly post your job 

order, and you must accept eligible referrals and contact 

former U.S. employees. If a qualified U.S. worker applies, 

you must employ them for at least 50 percent of the work 

contract period. After reaching 50 percent, you have no 

further obligation to hire.
Key H-2A 

Employer 

Obligations

• Recruitment: Employers must recruit and offer jobs to 

qualified US workers first, and continue recruiting until 

50% of contract period

• Corresponding Employment: US and H-2A workers 

must receive same pay and benefits for same work, 

with no preferential treatment

• Written Disclosure: Disclose all terms and conditions 

of employment to applicants in writing

• Wages: Pay H-2A and US workers the highest of 

AEWR, prevailing wage, bargaining wage, or minimum 

wage

• Housing & Transportation: Provide free, approved 

housing and transportation to H-2A workers, and pay 

visa and inbound/outbound travel costs
H-2A Program 

Simplified 

Timeline
FAQs

 What is considered an FTE? How do I know which Award Amount I am eligible for?

- To calculate “Full-Time Equivalency” (FTE) for the year, sum total annual farmworker (“agricultural 

workers”) hours worked by all directly hired farmworkers, and then divide by 2080 (which assumes a 40-hour 

workweek for 52 weeks of the year). 

- On the Narrative Application Form, applicants will need to provide cumulative FTE annual totals of both H-2A 

and domestic worker for all sub-awardee partners/worksites.

- For example, 

• If you employ 100 H-2A farmworkers and 50 U.S.-based farmworkers throughout the year, you will first 

add up all H-2A farmworker hours (all 100 workers) for the year and divide that totally number by 2080. 

Then, will you add up all the total hours for the 50 U.S.-based workers, and divide that sum total by 

2080. There is a box on the Narrative Application Form (Question 5) where you will enter total annual 

FTEs totals H-2A and for U.S.-based workers.

• If you apply as Joint Employer and your operation employs 5 U.S.-based farmworkers and the secondary 

employer employs 10 U.S.-based farmworkers, and collectively you hire 100 H-2A farmworkers, you will 

first add up all hours worked by both operations’ U.S.-based workers (total annual hours from all 15 

U.S.-based workers) and divide that totally number by 2080; then, add up all the hours worked 

throughout the season by the 100 H-2A workers jointly hired and divide that totally number by 2080. 28
FAQs 

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 Can I recruit from any country, like South Africa, Mexico or otherwise?

- Assuming FLSP employers meet all H-2A requirements (including effort to effectively recruit U.S. based workers), 

they may recruit from any participating H-2A country. However, all applicants should note the benefits of 

recruiting from NCA countries within the FLSP program:

• More competitive score on application (see Section 6.1 Project Evaluation Criteria in the NFO.)

• Higher award, if combined with the other Supplemental Options (See Table 3 in NFO). 

• NCA Ministry Recruitment is free, resulting in potential significant financial savings for employers. 

• Free NCA technical assistance for all grant awardees on free recruitment and consulate support technical 

assistance for any workers recruited via the government Ministries in North Central America. 

 Can the FLSP grant be used to search for any type of worker where we are unable to fill 

jobs? (e.g. domestic workers, production, etc). 

- No, the grant is not open to any type of employee. The purpose of this program is to improve food and agricultural 

supply chain resiliency by addressing the challenges agricultural employers face with labor shortages and instability. 

- The program is open to all agricultural employers, who hire agricultural employees - also known as farmworkers or 

farm labor workers. Please see Section 9 Definitions of the NFO for specific definitions for both terms. 
FAQs 

 I’m an FLC but not a direct employer. Can I apply?

- You must be a direct employer to be eligible to apply directly to the grant. However, an applicant may choose you 

as their recruitment partner. 

- If you partner with an Applicant, you will need to submit a Recruiter Organizations Template Letter. 

 Does the program help increase the availability of farmworker housing and help 

employers find and provide housing? 

- Awardees are responsible for finding housing and maintaining its compliance with all local, state and federal 

regulations related to farmworker housing. 

- Can use to rent an apartment or other housing complex for seasonal workers but lease agreements to own (i.e., 

lease-to-own or rent-to-own) are not allowable. Any lease or rental agreement must terminate at the end of the 

FLSP grant period of performance. 

- Anything over $5,000

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Questions?

Please email 

FLSPgrants@usda.gov