Farm Labor Stabilization and 

Protection Pilot Program 

(FLSP)

November 2023
Agenda

FLSP Webinar 

Small Growers

Nov 27, 2023

 FLSP Overview

 Allowable costs

 Evaluation Criteria

 How to Apply / Application Walk-through

Q&A

 H-2A Overview

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 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 2
TA: Office Hours

Office Hour Dates

Day Date Time

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

Updates at

www.ams.usda.gov/

services/grants/flsp

/assistance

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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-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)

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 7
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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Recruitment from Northern Central America

Each government is ready to help companies interested in hiring workers. Please reach out for 

more information. 

El Salvador:

• h2visas@escpvisas.com

• h2visa.elsalvador@rree.gob.sv

Guatemala:

• movilidadlaboral@mintrabajo.gob.gt

• h2jobs@mintrabajo.gob.gt

Honduras:

• pttusa@trabajo.gob.hn

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On your correspondence 

cc:

NCA@SesoLabor.com
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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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
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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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). 

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Is the FLSP program really designed for Small Growers?

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YES!!

 Proximity to your employees – visibility on the ground, relationships with workers –

these natural benefits of being closer knit can help support your compliance and ability 

to make FLSP commitments

 FLSP Application designed to be intuitive—let the questions be your guide

 The grant impact can be significant for smaller growers

 Technical Assistance at no cost
Application Types

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Application Types 

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Key steps in applying to FLSP
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.

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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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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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TA: H-2A support

Introducing 

j

Seso

FLSP Technical Assistance 

Provider Daniel Ross

H-2A Compliance 

Attorney

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TA: H-2A support

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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Getting started 

with H-2A

• Evaluate labor requirements during peak seasons 

based on crop cycles, planting/harvest schedules

• Research applicable Adverse Effect Wage Rate 

(AEWR). It varies based on job type and location, 

updated annually via federal register

• Secure compliant housing

• Arrange daily transportation between housing and 

worksites

• Research state laws, in addition to federal

○ Key areas: wage rates, rest periods, worker 

protections, benefits

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Getting started 

with H-2A

• Understand program dates and deadlines

○ Job order filing window opens 75-60 days before 

start date

• Prepare detailed job order

○ Outline job duties, minimum qualifications, 

requirements

• Gather required documents

○ Contracts, insurance policies, inspections, licenses

• Plan for worker expenses

○ Travel costs from home to consulate and worksite

○ Visa fees paid to consulate 

○ Transportation to/from worksites

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H-2A Housing

• 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

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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

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