On November 2, 2026, the Department of Labor’s Office of Foreign Labor Certification (OFLC) published its annual determination of H-2A labor supply states. The update is narrow, but it affects how some growers recruit U.S. workers before turning to the H-2A program. This article covers what changed, who is affected, and what to do next.
What Are H-2A Labor Supply States?
H-2A labor supply states are additional states where a job order is circulated for U.S. worker recruitment. The State Workforce Agency (SWA) where the order is placed circulates the approved job order to each listed labor supply state and helps refer qualified workers from those states to the employer.
OFLC also uses the determination to decide whether extra “positive recruitment” is needed. The process comes from the 2022 H-2A Final Rule, which took effect on November 14, 2022. Each year, OFLC reviews public input on where qualified U.S. workers are likely to be found and the best ways to reach them.
What Changed in the New Determination?
The two confirmed changes are:
- Michigan: OFLC is adding Texas to Michigan’s Labor Supply Matrix to begin interstate recruitment for job orders originating in Michigan.
- North Dakota: OFLC will remove South Dakota from North Dakota’s Labor Supply Matrix.
Other recent updates show that OFLC adjusts the matrix gradually. In August 2025, for example, Texas was added to Minnesota’s matrix. The 2026 changes follow the same pattern of targeted adjustments to existing requirements. The two changes above are the only ones in the announcement text I could confirm, so check the official chart for your filing state before relying on this summary.
Why the Michigan Change Matters
Michigan is a significant H-2A state. OFLC’s fiscal year 2026 Q3 statistics show about 14,694 certified positions for Michigan, roughly 4.2% of the national total. Fruit, vegetable, and nursery operations there depend on seasonal labor.
Adding Texas means Michigan job orders will now reach Texas’s workforce system for interstate recruitment. Employers should expect more referrals, or at least more inquiries, from that channel. They should also be ready to document the outcome of each one.
Why the North Dakota Change Matters
For North Dakota employers, removing South Dakota narrows the interstate recruitment footprint. The change may reduce the number of states receiving their job orders, but it does not remove the employer’s duty to recruit U.S. workers in good faith.
How Employers Should Respond
1. Check the current chart on FLAG. OFLC has posted its current determinations and additional positive recruitment requirements on the Labor Supply State page of the Foreign Labor Application Gateway (FLAG).
2. Confirm timing. A determination takes effect on its publication date for employers who have not yet begun recruitment after receiving a Notice of Acceptance. Employers already in the recruitment stage should confirm with their attorney or agent which version applies to them.
3. Keep thorough recruitment records. Interstate referrals can produce applicants you did not expect. Log each contact, the lawful job-related reason for any rejection, and the date of every response. Clean records make the recruitment report much easier to defend.
4. Contact former U.S. workers. Employers must also contact former U.S. workers wherever they are located. This obligation remains separate from labor supply state circulation.
5. Plan filings earlier. Allow extra time for interstate circulation when your filing state’s matrix has changed, especially for peak-season start dates.
The Bigger Picture for Agricultural Employers
This update does not overhaul the H-2A program. It continues OFLC’s yearly effort to match recruitment requirements to where workers are actually available. Public input for the 2026 cycle was open until July 21, 2026. Growers, associations, and workforce agencies can shape future determinations by sending timely information on worker availability.
The practical risk is a missed requirement. A deficient recruitment effort can delay certification and push back planting or harvest crews. Employers who rely on an agent or attorney should ask them to review the updated chart before the next filing.
Key Takeaways
- OFLC published its annual H-2A labor supply state determination on November 2, 2026.
- Texas is now part of Michigan’s Labor Supply Matrix, and South Dakota is removed from North Dakota’s.
- The FLAG Labor Supply State page is the official reference for each filing state.
- Strong documentation and early filing help employers manage the added interstate recruitment.
Immigration Fleet Law Firm