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

Employee rights

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.

ver: 3.5.2a | last updated:
Jump back to top of page button