Does Your Ag Business Qualify as a Farm Labor Contractor (FLC)?
Quality American farm labor is hard to come by. That’s why so many ag businesses count on the H-2A Visa Program to fill their seasonal farm labor gap by providing foreign H-2A labor.
There are two main types of agricultural businesses: Fixed-site Farms and Farm Labor Contractors (FLCs). Both may be eligible to participate in the H-2A Program and both must submit an H-2A application to get their Temporary Labor Certification. But FLCs must also be certified as an FLC through the DOL’s Wage & Hour Division before H-2A workers can perform any work on their customers’ farms.
What’s the difference between a Fixed-Site Farmer and Farm Labor Contractor?
Fixed-site farmers own at least 51% of the crop or commodity they harvest (it’s fine if you rent the land) and the workers provided through the H-2A Visa Program perform tasks on that specific farm worksite. Farm Labor Contractors, on the other hand, provide services for other ag businesses on their fixed-site farm worksites.
It’s also possible for an FLC to have their own fixed-site farm operation. In this instance, they would need to submit separate H-2A applications. One app would be to get workers for their fixed-site farm, the other app would be to get farm labor to work at their customers’ fixed-site farms.
Not sure if you qualify as a Farm Labor Contractor?
Some ag businesses don’t realize they fall within the category of a Farm Labor Contractor. Most likely you’re an FLC if your customers are seasonal farmers or growers who hire you to:
Apply fertilizer or pesticides
Pilot ag aircraft or operate drones
Operate ag equipment
Build or maintain irrigation or drainage systems
Drill wells
Repair farm equipment
Maintain and replace tires
Spread manure
Build barns, fences, dairy and hog parlors, or other farm structures
Provide mobile vet services
Perform crop dusting
Harvest
H-2A Program filing window specifically for Farm Labor Contractors
USA Farm Labor created a dedicated filing window specifically for Farm Labor Contractors that aligns with the Wage and Hour Division’s processing timelines. This positions you perfectly for February or March start dates and reduces the risk of delays. The annual filing window runs from April 1st through August 1st and includes both your FLC certification as well as your H-2A application.
USA Farm Labor can help
USAFL helps hundreds of FLCs make the most of the H-2A Visa Program. Our Onboarding Specialists can confirm if you qualify as an FLC. Matt and Valerie Brack increased efficiency and output, plus regained control of their time, thanks to the H-2A Program. Their H-2A workers have become like family.
Read about how the H-2A Visa Program changed the Bracks’ farm operation and lives forever
