Foreign labor certification (FLC) program
This is a U.S. Department of Labor certification program requesting authorization to hire foreign workers when an employer cannot otherwise hire workers with needed skills from the U.S.
The Idaho Department of Labor ensures that employing foreign workers in agricultural (H-2A) and nonagricultural (H-2B) work will not adversely affect wages and working conditions of U.S. workers who are comparably employed, and is responsible for the following:
- H-2A housing safety inspections – email or call 208-696-2517 to request a preoccupancy housing inspection.
- Review and oversight of FLC job order process.
- Post-certification site visits.
*If you will be participating in the H-2A program to work on farms you do not own or operate, you will need to get an Idaho farm labor contractors license. Please review agricultural services for more information.
Filing instructions
- Permanent labor certification – Employers can permanently hire foreign workers.
- Professional and specialty occupations (H-1B program) – Employers can temporarily hire foreign workers on a nonimmigrant basis in specialty occupations.
- Agricultural temporary labor certification (H-2A program) – Agricultural employers who anticipate a shortage of domestic workers can temporarily hire nonimmigrant foreign workers.
- Nonagricultural temporary labor certification (H-2B program) – Employers who meet specific regulatory requirements can hire foreign nonimmigrant workers to fill temporary nonagricultural jobs.
- Prevailing wage information – The Immigration and Nationality Act requires that hiring a foreign worker will not affect the wages and working conditions of comparably employed U.S. workers.
- Forms – Download and print FLC forms using Adobe Acrobat Reader.
Responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees: § 655.135 (j) The employer and its agents have not sought or received payment of any kind from any employee subject to 8 U.S.C. 1188 for any activity related to obtaining H-2A labor certification, including payment of the employer’s attorney fees, application fees, or recruitment costs. For purposes of this paragraph (j), payment includes, but is not limited to, monetary payments, wage concessions (including deductions from wages, salary, or benefits), kickbacks, bribes, tributes, in kind payments, and free labor. The provision in this paragraph (j) does not prohibit employers or their agents from receiving reimbursement for costs that are the responsibility and primarily for the benefit of the worker, such as government-required passport fees.