Foreign Labor Certification (FLC) Program January 22, 2021 | Agency The FLC program is used to assist 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 at http://foreignlaborcert.doleta.gov 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 at https://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 Ohio Means Jobs job order. Notify the respective Ohio Means Jobs 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. Agent/Attorney Agreement If the request for workers is submitted by a representative of the employer a consultant agreement is required. A written statement authorizing the consultant to work on behalf of the employer must be included as part of the ETA 790 request. HOUSING: Employer-owned housing Rental Housing Hotel or Motel An employer requesting an H-2A visa must provide approved housing. Housing may be employer-owned, rental or hotel/motel. Employer-owned housing: The type of housing should be noted on the application as to whether it is employer- owned, rental, leased, etc. If employer owned FLC will request an inspection to ensure the housing meets Occupational Safety and Health Administration (OSHA) standards. A copy of the housing checklist used for the inspection can be obtained by emailing FLC@jfs.ohio.gov. Rental housing: Complete the housing requirements checklist to ensure housing meets OSHA standards. housing type (single house, barracks, etc) complete physical address of the housing units, including county the proposed capacity for each unit the occupancy dates for each unit well water inspection results if rental does not use city water a dated rental agreement, signed by both employer and lessor covering the period of need If more than one rental property is used, the above information is required for each address. 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 the Workers Compensation Certification (example) for Ohio must be submitted to FLAG with the ETA 790. Questions, please contact the Ohio FLC office at 888-296-7541, option 1 for English, 3 for Workforce Programs and 2 for FLC or at firstname.lastname@example.org. For detailed information on the Foreign Labor Certification process, please visit http://www.foreignlaborcert.doleta.gov. 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) completed 135-150 days prior to the work start date in FLAG. JFS 01809 Foreign Labor Certification for H-2B Steps for filing an H-2B request: An employer and/or legal representative completes a request for H-2 B guest workers (to include uploading the JFS 01809) through the FLAG website. Account set up and filing instructions are located on the FLAG website at https://flag.dol.gov Immediately following the submission to FLAG the completed JFS 01809 is e-mailed to the Ohio Foreign Labor Certification (FLC) office at FLC@jfs.ohio.gov .This should be done no less than 75 calendar days and no more than 90 calendar days from the date of need. Include the employer name and FEIN on all attachments. Emails sent to the FLC mailbox will receive an automated response confirming receipt of the information. If you do not receive this email within 24 hours, please contact our office at FLC@jfs.ohio.gov . The Chicago National Processing Center (CNPC) will notify the FLC office via FLAG of the new request. Once approved by CNPC, a notification of acceptance will be sent to the Ohio FLC office. The Ohio FLC office will: Create a job posting in OhioMeansJobs.com, Notify the employer and/or the legal representative of the job posting number via e-mail. Notify the respective Ohio Means Jobs center of the job posting. Refer able, available qualified, willing individuals to the employer. Job orders received from other states will be entered in OhioMeansJobs.com For questions, please contact the Ohio FLC office at 888-296-7541, option 1 for English, 3 for Workforce Programs and 2 for FLC or at FLC@jfs.ohio.gov . For detailed information on the Foreign Labor Certification process, please visit http://www.foreignlaborcert.doleta.gov.