Farm Labor Stabilization and 

Protection Pilot Program 

(FLSP)

December 2023
Agenda

FLSP Webinar 

Understanding 

H-2A

Dec 6, 2023

 Brief FLSP Overview

 Seso H-2A Technical Assistance Overview

 H-2A Program Basics

Q&A

 H-2A Basics Cont...

 Q&A

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FLSP Webinars

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 / 4-Dec 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 3
TA: Office Hours

Office Hour Dates

Day Date Time

Thursday 7-Dec 4:00 pm EST

Friday 15-Dec 2:00pm EST

Thursday 21-Dec 4:00 pm EST

Updates at

www.ams.usda.gov/

services/grants/flsp

/assistance

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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)

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 6
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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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.

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Key steps in applying to FLSP
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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Important 

Dates

• September 22, 2023

Application 

Opens:

• January 3, 2024, at 

11:59 p.m. Eastern 

Time

Application 

Closes:

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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 (live, or recordings posted online)

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

 Email FLSPgrants@usda.gov

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Introducing 

Seso

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
H

-2A 

Program 

Basics

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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

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• 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 

Housing

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• Provide free housing meeting OSHA standards

• Ensure adequate beds, bathrooms, kitchen and laundry 

access

• Full kitchen with appliances, cookware for meal prep

• Onsite laundry facilities or transport to laundromats

• Frequently self-inspect housing for damage, hazards

• Request inspections early
H-2A 

Simplified 

Timeline

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• Submit ETA-790A Job Order to State Workforce Agency 60-75 days 

before contract start date

• Submit ETA-9142A H-2A Application to Department of Labor upon ETA790A approval, no later than 45 days before start date

• Department of Labor accepts ETA-9142A application within 7 days, 

opening interstate recruitment

• File initial recruitment report showing efforts to hire U.S. workers

• Receive labor certification decision on ETA-9142A from Department of 

Labor around 30 days before start date

• Submit I-129 Visa Petition to USCIS after receiving ETA-9142A labor 

certification

• Schedule worker visa interviews, admission at port of entry, and travel 

to worksite 10-15 days before contract start date
Pre-Submission 

Compliance 

Checks

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• Analyze job duties for SOC code wage considerations

• Accurately project your labor needs and account for changes 

affecting seasonality

• Confirm contract dates, grower agreements, and job sites

• Obtain workers’ compensation policy; must be valid for entire 

contract period and valid in all states where work will be performed

• Plan for transportation; daily inbound/outbound transportation plan 

must be provided at time of filing

• FLC considerations (valid FLC card, grower contracts, surety bond)
Domestic 

Recruitment

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• H-2A employers must engage in positive recruitment of U.S. workers 

from when the job order is accepted until the halfway point of the contract.

• Recruitment includes posting job openings on state job websites, referral of 

candidates by the State Workforce Agency, and requiring employers to 

interview and document all U.S. applicants.

• Preferential hiring practices favoring foreign workers are prohibited -

U.S. applicants can only be rejected for lawful, job-related reasons.

• Employers should contact former U.S. employees to offer them work under 

upcoming H-2A contracts.

• Employers must document all recruitment efforts in reports to the 

Department of Labor to demonstrate there are no available U.S. 

workers before foreign workers can be hired.
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Worker Arrival 

and In-Season 

Management

• Begin accounting for three-quarter guarantee or H-2A workers upon 

date of arrival

• Adhere to the “20% rule”, which allows H-2A workers to perform 

minor, incidental duties not listed on the job application, as long as

these duties do not exceed 20% of total work time

• Report ending employment / termination for cause / 

abscondment events to the DOL & USCIS no later than 2 business 

days after the last day of work

• Stay informed of wage changes and new rule implementations that 

can occur in-season

• Reimburse all inbound expenses during first work week (FLSA 

minimum wage implications)

• Conduct regular in-season housing inspections 

• Document all disciplinary actions
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End of Season 

Considerations

• Three-quarter guarantee implications:

○ Accurate accounting that each worker has met their three-quarter 

guarantee OR has been paid out the remaining balance

• Early completion of contract and layoffs:

○ No need to report workers if sent home within 30 days of originally 

scheduled end date 

○ Employers cannot lay off U.S. workers doing the same job as H-2A 

workers as long as even one H-2A worker is still employed

• H-2A employers are required to provide or advance money for outbound 

transportation and subsistence to workers who complete the contract. 

• H-2A workers receive a 30-day grace period after their authorized stay ends 

to settle affairs and depart the US, but they may not work or receive 

compensation during this time. 

• Employers must retain records for at least 3 years after the end of the 

certification period: recruitment records, payroll, contracts, housing 

inspections, reimbursements, notifications, I-9s, and other documentation. 
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 (live, or recordings posted online)

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

 Email FLSPgrants@usda.gov

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