Farm Labor Stabilization and 

Protection Pilot Program 

(FLSP)

November 2023
EQUITY COMMISSION

S h a p in g C h a n g e a t U S D A

Agenda

FLSP Webinar 

Achieving 

Silver/Platinum 

Level Awards 

Nov 8, 2023

➢ USDA: FLSP goals, structure, commitments, 

application types

➢ USDA: Incentives and details on commitment 

options for Silver/Platinum awards

➢ Fair Food Program: Understanding WSR

➢ CA Labor Relations Board: Understanding CBA and 

Neutrality/Access/Voluntary Recognition

➢ Seso: Overview of H-2A technical assistance

➢ USAID: Northern Central America Recruitment

Q&A

➢ USDA: Steps to apply

Q&A

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EQUITY COMMISSION

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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.

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H

p in g C h a n g e a t U S D A

-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. 

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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

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Baseline Requirements (for all award levels)

in g C h a n g e a t U S D A

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 5
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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 

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Supplemental Employee Commitments: 

Recruitment

RESPONSIBLE 

RECRUITMENT

Silver: recommended, but 

not required

Platinum: required

1. Recruitment via 

Northern Central 

American (NCA) 

Ministries. 

Grant applicants can recruit workers from US or any 

H-2A participating country. However, additional 

incentives and increased application 

competitiveness for NCA recruitment. 

Platinum commitment: 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. No-cost to employers.

For grantees (of any award level): NCA vetting and 

visa processing is supported with free Consulate and 

Recruitment technical assistance.

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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

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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

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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).

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Project Evaluation Criteria

U S D A

▪ 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.

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Application Types

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Application Types 

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THE FAIR FOOD PROGRAM

THE POWER OF PREVENTION

FROM THE FIELD TO THE PRODUCE AISLE
FAIR FOOD PROGRAM STRUCTURE

The Fair Food Program’s Participating 

Buyers are retail food giants and 

foodservice companies, including Whole 

Foods Market, Compass Group, Walmart, 

Subway and McDonald’s.

PBs agree to purchase from PGs 

that are in compliance with the 

Program’s Code of Conduct, as 

certified by the Fair Food 

Standards Council, and to pay a 

premium to Participating 

Growers to be passed on to 

workers as a bonus in their 

paychecks, (growers receive a 

small percentage for 

administrative costs).
THE FAIR FOOD 

CODE OF CONDUCT

90% is 'FOLLOW THE LAW’

• Zero tolerance for forced labor and 

child labor

• Work environment free of violence, 

sexual and verbal harassment, and 

discrimination

• Elimination of unsafe conditions, 

including exposure to pesticides, 

lightning, unsanitary water or 

bathrooms.

 
THE FAIR FOOD CODE OF CONDUCT

BEYOND THE LAW – PREVENTION OF VIOLATIONS

• Direct hire of all qualifying workers

• Workers control their registration devices for timekeeping systems

• Workers receive the Fair Food Program Premium bonus, paid by 

Participating Buyers

• Improvements in health and safety, including provision of shade, heat 

stress protocols, safe transportation, and field truck driving 

• Health and Safety Committees
THE FAIR FOOD CODE OF CONDUCT

• CIW and company training on 

Fair Food Program rights and 

responsibilities for supervisors 

and workers

• Cooperation with Fair Food Standards 

Council auditing and complaint 

procedures, free of intimidation or 

retaliation 
HOW DOES FAIR FOOD PROGRAM 

MONITORING WORK?

Monitoring by the Fair Food Standards Council consists of audits and a 

worker complaint mechanism.

Monitoring is non-adversarial, confidential, and collaborative.

Documentation requirements are straightforward and FFSC staff works 

closely with Participating Growers to make the program’s mechanisms 

clear, user-friendly, and appropriate for the farm operation.

FFSC works with Participating Growers to come into compliance 

incrementally. 

There is no charge for Fair Food Program certification or FFSC support for 

Participating Growers.
WHAT ARE THE BENEFITS TO 

PARTICIPATING GROWERS?

• Better management and communication 

systems

• Improved employee retention as 

Participating Growers become employers 

of choice with improved work 

environments 

• Identification of potential risks with 

corresponding reduction in workers’ 

compensation cases as well as legal and 

administrative actions and fines.

• Fair Food Program farms have not been the 

subject of forced labor investigations, DOL 

judgments, class actions or EEOC cases 
WHAT ARE THE BENEFITS TO 

PARTICIPATING GROWERS?

Participating Growers receive 

the purchasing preference of 

Participating Buyers, are 

featured on the Fair Food 

Program website, receive a 

wage supplement for their 

workers and have access to 

the Fair Food Program label, 

demonstrating ethical 

business practices to 

increasingly aware 

consumers.
FAIR FOOD PROGRAM 

RECOGNITION

• White House Presidential Medal for 

Extraordinary Efforts in Combatting 

Modern-Day Slavery (January 2015)

• MacArthur “Genius” Award in 2017 for its 

“visionary strategy with potential to 

transform workplace environments across 

the global supply chain.”

• New York Times front-page feature, which 

called the Fair Food Program “the best 

workplace-monitoring program” in the US 

(April 2014)

The Fair Food Program has earned recognition at the national and international level for its unique 

social responsibility model, including:
JOINING THE FAIR FOOD PROGRAM

A new grower commits to implement the FFP Code of Conduct and 

FFSC conducts an entry audit to confirm that:

• The grower has started to implement a direct hire system.

• The grower has started to implement a timekeeping system in which 

workers control their registration device.

• Workers have been provided with an education session by the CIW 

Education Committee.

• The grower’s supervisors have been trained on FFP policies, by the 

company and the FFSC.

• The grower has purchased or ordered adequate shade structures

• Any known outstanding complaints have been resolved.

• Following the audit, FFSC and the grower then agree on a corrective action 

plan.

Contact 

info@fairfoodstandards

.org

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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 

Neutrality

Neutrality means the employer stays neutral when its 

workers organize and takes no position—for or against—

workers’ free and fair choice to join or form a union.

Access

Allow workers the discretion to allow advocacy 

organizations, union organizers, and other guests to visit 

with them (e.g. worker H-2A housing) outside of work 

hours.

Voluntary Recognition 

Voluntary recognition is a way of respecting your 

employees’ choice to form a union and have collective 

bargaining representation based on a showing of majority 

support and without a formal election. 

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Fairness in the Field

J

State of California |
The California Agricultural Labor Relations Board (ALRB) 

2

7

--Created in 1975 to enforce the 

Agricultural Labor Relations Act

--Mission to ensure peace in the fields 

by guaranteeing justice for all 

agricultural workers and stability in 

agricultural labor relations

--Fill gap in federal law as agricultural 

workers are excluded from National 

Labor Relations Act
Agricultural Labor Relations Board (ALRB)

2

8

Five Member 

Board

General 

Counsel
Workers’ Rights UndertheAct

Los supervisores y los mayordomos 

representan a la compañía.

29

Collectively raise issues

or concerns about

working conditions

Be represented by, 

support or oppose a 

union

Participate in ALRB 

legal processes
Workers are protected from retaliation and coercion 

for exercising rights – examples include:

3

0

Termination, layoff or failure to rehire

Punishment or unjust discipline

Reduction in pay or hours

Assign worse tasks or areas

Call police or immigration

Threats of any of the above
Supplemental Employee Commitment options

(forUSDA grant)

•Neutrality – union campaigns

•Union access at agricultural worksites 

• Collective Bargaining Agreements

• Voluntary Recognition (not in the ALRA)

31
Thank You

For more information please contact: 1-800-449-3699

Copyright © 2023 State of California

Questions?

Santa Rosa Office: (707) 527-3256

Oxnard Office: (805) 973-5062

Visalia Office: (559) 627-0995

Indio Office: (760) 996-9453

Salinas Office: (831) 769-8031

Sacramento Headquarters: (916) 653-3699

www.alrb.ca.gov
EQUITY COMMISSION

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TA: H-2A support

Introducing 

Seso j

FLSP Technical Assistance 

Provider Daniel Ross

H-2A Compliance 

Attorney

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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 

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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.

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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

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NCA Recruitment

Our Shared Objectives

1. Qualified Workforce

Rigorous vetting process ensures workers not only 

meet the requirements to obtain an H-2A visa, but also 

have experience and skill sets appropriately matched 

to the requirements of the job.

2. On Time Arrival 

End-to-end support provided by experienced 

professionals, from planning to scheduling, allowing 

for timely worker arrival.

3. Positive Experience

Transparent timelines and process provided 

upfront, and constant communication throughout 

the process, ensure a positive experience with no 

surprises.

Principles for Success:

✓ Partnership and coordination across Seso, USAID, 

USDA and the NCA Ministries

✓ Proactive communication with employers and workers 

throughout each step of the process

✓ Technology enabled efficiencies for quickly and securely 

collecting worker information

✓ Vetting workers to reduce risk of denials or delayed 

processing

✓ Preparing workers for their consular interviews, as 

needed

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NCA Email Template 

n g C h a n g e a t U S D A

Get started contacting NCA Ministries

Prior to the announcement of FLSP Grant Awards, you are kindly invited to reach out to Ministries of Labor in 

Guatemala and Honduras, and/or Ministry of Foreign Affairs in El Salvador directly. Including the following information 

to your inquiry will facilitate comprehensive and expedited responses:

Key information to include in email inquiries:

✓ Estimated start date (Date or Month)

✓ Anticipated number of workers from NCA (#)

✓ Industry/Crop

✓ Intended worksite location (City, State)

✓ Is it your first time working with NCA?: (Yes / No)

✓ Would you need help with recruitment ?: (Yes / No)

✓ Country of interest: (El Salvador / Guatemala / Honduras / Any) 

✓ Please add any specific questions you need assistance with

El Salvador: h2visas@escpvisas.com and 

h2visa.elsalvador@rree.gob.sv

Guatemala:

employersguatemala@mintrabajo.gob.gt

Honduras: pttusa@trabajo.gob.hn

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NCA Recruitment Timeline

n g C h a n g e a t U S D A

Employer emails the 

Ministries 

in El Salvador, 

Guatemala or Honduras 

TIP: use NCA email 

template

Email reply from NCA 

Ministry, indicating shared 

understanding of hiring 

needs and timeline. Ministry 

reaches out to USDA TA 

provider, as appropriate.

USDA announces 

FLSP grant awards 

60-75 days before 

start date, employer 

(or agent) files H-2A 

paperwork

NCA recruitment 

and selection

Employer 

option to 

conduct 

worker 

interviews

NCA Ministry 

receives notice of 

approved visa 

petition and begins 

visa processing.

NCA 

individuals 

begin travel to 

US worksites

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Recruitment from Northern Central America with USAID support

p in g C h a n g e a t U S D A

Recruitment via government ministries of El Salvador, Guatemala and Honduras

➢ Full-service recruitment at no cost to the employer

➢ Ensure qualified workers are quickly matched to petitions

➢ Ongoing reductions in air travel, local taxes and fees, and other costs

USAID provides ongoing technical assistance to the governments of El Salvador, 

Guatemala, and Honduras to expand access to H-2 visas for their citizens. 

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Recruitment from Northern Central America

p in g C h a n g e a t U S D A

Each government is ready to help companies interested in hiring workers. 

Please reach out for more information. 

El Salvador: h2visas@escpvisas.comand 

h2visa.elsalvador@rree.gob.sv

Guatemala: employersguatemala@mintrabajo.gob.gt

Honduras: pttusa@trabajo.gob.hn

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Q & A

If we don’t get to your question now, we will follow up by FAQs and/or email

More Questions?

❑ Attend USDA Office Hours 

❑ Tune into weekly FSLP webinars

❑ Check the FAQs! Updated weekly: www.ams.usda.gov/services/grants/flsp/faq

❑ Email FLSPgrants@usda.gov

❑ Additional TA Providers

❑ Grants.gov technical issues: www.grants.gov/web/grants/support.html

❑ H-2A and NCA Recruitment: www.sesolabor.com

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Key steps in applying to FLSP

U S D A

📅

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.

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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 Formand 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.

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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.

5. 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).

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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. 

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YCOMMISSION

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Important 

Dates

*NOTE* 

application 

deadline 

extension!

• September 22, 2023

Application 

Opens: • January 3, 2024, at 

11:59 p.m. Eastern 

Time

Application 

Closes:

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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 49
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TA: Office Hours

Day Office Hour Dates Date Time

Thursday 9-Nov 4:00pm EST

Friday 17-Nov 2:00pm EST

Monday 27-Nov 4:00 pm EST

Thursday 7-Dec 4:00 pm EST

Friday 15-Dec 2:00pm EST

Thursday 21-Dec 4:00 pm EST

Thursday 28-Dec 4:00 pm EST

Tuesday 2-Jan 2:00pm EST

Updates at

www.ams.usda.gov/

services/grants/flsp

/assistance

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Q & A ...

If we don’t get to your question now, we will follow up by FAQs and/or email

More Questions?

❑ Attend USDA Office Hours 

❑ Tune into weekly FSLP webinars

❑ Check the FAQs! Updated weekly: www.ams.usda.gov/services/grants/flsp/faq

❑ Email FLSPgrants@usda.gov

❑ Additional TA Providers

❑ Grants.gov technical issues: www.grants.gov/web/grants/support.html

❑ H-2A and NCA Recruitment: www.sesolabor.com

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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 allsub-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. 52
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FAQs 

▪ 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. 

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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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What Can The Funding Be Used For?

a n g e a t U S D A

▪ 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). 
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Questions?

Please email 

FLSPgrants@usda.gov

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