How to obtain a Farm Labor Certification License

In 1996, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) was enacted to protect workers by establishing standards for employment related to wages, transport, disclosures, and record keeping along with any labor contractors to register with the USDOL. 

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In regards to the H-2 programs, there are two types of employers that must file for these licenses: 

• H-2ALC’s are defined as any person who meets the definition of employer and is not a fixed sit employer, an agricultural association, or an employee of the aforementioned entities, who recruits, solicits, hires, employs, furnishes, houses, or transports any worker(s).
• Reforestation Companies are employers operating in the tree planting and reforestation occupations. Tree planting and reforestation companies file under the H-2B program with special procedures that require them to obtain FLC and FLCE licenses.

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Farm Labor Contractors (FLC’s and H-2ALC’s) are required to provide:

• Information about the job as well as rate of pay.
• Payment at the proper hourly rate.
• Safe transportation
• Safe and clean housing
• Reimbursements for visa related fees
• Payment for transportation, food, and lodging

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Application Process:

An FLC must use form WH530 for FLC and/or form WH535 for FLCE to apply for a certificate of registration. 

• Use form WH540 to amend a certificate for driving authorization which includes adding vehicles or updating insurance information.
• Driving authorization is issued to individuals, not companies.
• Documentation and Requirements:some text
  • Must submit a clear photocopy of a current valid driver’s license with Form WH535 (front and back)
  • Must provide a completed doctor certificate (Form WH515). This is valid for 3 years. 
  • Must list the state(s) where driving will occur on the application form. 
  • On WH530, you must identify the vehicles being used for transport, proof of compliance with vehicle safety standards, and proof of compliance with insurance standards.some text
    • Insurance compliance includes automobile liability insurance or state workers compensation coverage.
    • Workers compensation must cover all circumstances of transportation.

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If you have any questions regarding you status as an employer and whether or not you’d need to obtain these licenses, give us a call today to strategize with you and ensure you have everything you need to apply within the H-2 programs!

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