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Foreign Labor Certification (FLC) Program

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

ETA 790 – Request for Job Order
(submitted to Ohio FLC for processing)
ETA Form 9142-A
(submitted to CNPC for processing)

supporting documents Quick Links

 

Steps for filing an H-2A request:

  • The employer and/or legal representative submits the ETA Form 790 with the required supporting documents to the Ohio FLC office at flc@jfs.ohio.gov 60 to 75 days prior to the date of need. Supporting documents may be submitted as part of the ETA 790 or as separate attachments Include the employer name and FEIN on all attachments.
  • All 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 888-296-7541.
  • The State Workforce Agency (SWA) reviews the contents of the ETA 790 packet for completeness. A Notice of Deficiency (NOD) is sent to the employer or employer representative if any information is missing.
  • The Ohio FLC office reviews and/or requests housing inspections of employer-provided housing for temporary agricultural workers.
  • Once the ETA 790 packet is validated to include housing the information is uploaded to iCERT for processing by the Chicago National Processing Center (CNPC).
  • The Ohio FLC office will:
    • Create a job posting on the OhioMeansJobs.com website which will remain open up to 21 days prior to the date of need.
    • Notify the employer and/or legal representative of the Notice of Acceptance (NOA).
    • Notify the employer and/or the legal representative of the job posting number to include the job posting open and close dates.
    • Notify the respective county OhioMeansJobs center of the job posting.
  • CNPC approves the ETA 790 or job order via a notice of certification and approves intra- and interstate recruitment of U.S. workers.
  • The respective county OhioMeansJobs centers will provide the employer with all qualified, interested job seekers' contact information through email or by phone.
  • The employer is required to interview, in person or by phone, all qualified referrals.

 

ATTORNEY/AGENT AGREEMENT:

Agent/Attorney Agreement

If the request for workers is submitted by a representative of the employer a consultant agreement is required. The form G-28 or a written statement authorizing the consultant to work on behalf of the employer must be included as part of the ETA 790 request.

 

HOUSING:

Directions to housing locations
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.

Directions to the housing locations is required.

Employer-owned housing: The type of housing should be noted on the ETA 790, Item 3 as to whether it is employer-owned, rental, leased, etc. If employer owned FLC will request an inspection to ensure the housing meets OSHA standards. A copy of the housing checklist used for the inspection can be obtained by emailing FLC@jfs.ohio.gov.

Rental housing: An attestation statement for housing in Item 28 (identified as Item 3 information) of the ETA 790. Use the housing requirements checklist to ensure the 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 CERTIFICATION

Workers Compensation Certificate

A copy of the Workers Compensation Certification (example) for Ohio must be submitted as part of the request packet.

If there are any additional questions, please contact the Ohio FLC office at 888-296-7541 or at flc@jfs.ohio.gov.

For detailed information on the Foreign Labor Certification process, please visit http://www.foreignlaborcert.doleta.gov.

H-2B Non-agricultural Temporary Visa

JFS 01809 Foreign Labor Certification for H-2B
(submitted to Ohio FLC for processing)
ETA Form 9142-B
(submitted to CNPC for processing along with a copy of the JFS 01809)

Steps for filing an H-2B request:

  • The employer and/or legal representative submits their H-2B request (JFS 01809 and ETA 9142-B) to the Chicago National Processing Center (CNPC) no less than 120 calendar days and no more than 150 calendar days before the date of need. Application packages may be submitted to CNPC by electronic filing through the iCERT System at http://icert.doleta.gov.
  • The Prevailing Wage Request (ETA 9141) must be submitted to CNPC 60 calendar days before the date of need via iCERT.
  • The JFS 01809 Form must be submitted to the Ohio FLC office at FLC@jfs.ohio.gov at the same time the application package is submitted to CNPC which is 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 888-296-7541.

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 on the OhioMeansJobs.com website which will remain open up to 21 days prior to the date of need.
  • Notify the employer and/or the legal representative of the job posting number to include the job posting open and close dates.
  • Notify the respective county OhioMeansJobs center of the job posting.
  • The respective county OhioMeansJobs centers will provide referrals to the employer of qualified, interested job seeker’s through email or by phone.
  • The employer is required to interview, in person or by phone, all qualified referrals.

For questions regarding the H-2B process contact the Ohio FLC office at FLC@jfs.ohio.gov or by telephone at 888-296-7541.

Contact Us

For more information on FLC:
Ohio Foreign Labor Certification Program
Department of Job and Family Services
Office of Workforce Development
Email: flc@jfs.ohio.gov

For more information on WOTC:
Work Opportunity Tax Credit
Department of Job and Family Services
Office of Workforce Development
Email: WOTC_CONTACT@jfs.ohio.gov

Mailing Address:
P.O. Box 1618
Columbus, OH 43216-1618

Physical Location:
4020 E. 5th Avenue
Columbus, Ohio 43219

Phone: 1-888-296-7541