Job & Family Services Office of Workforce Development
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BREAKING NEWS

Effective Dec. 22, 2015, Ohio’s AEWRS raised to $12.07.

The Department of Labor has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state, based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed U.S. workers will not be adversely affected.    

 All employers in the H-2A program are required to offer, recruit at and pay the highest applicable wage rate. An H-2A employer who has filed an application under the 2010 Final Rule will be required to adjust to a higher wage at any time between the date on which it submits its job order to the SWA and/or signs a work contract (whichever is earlier) until the end of the contract period. This applies only to applications filed under the 2010 Final Rule. Employers who filed applications under the 2008 Final Rule will continue to apply that rule's wage rates and principles (i.e. must pay the wage rate at the time of recruitment). If the Department publishes a new AEWR and the new AEWR is higher than the approved wage rate listed on the employer's job order and/or work contract, the employer will be required to adjust the offered wage to the higher AEWR. Similarly, if an applicable prevailing wage is increased during the contract period and the Department notifies employers of the increase, all employers whose approved wage rate (listed on the job order and/or work contract) is lower than the new prevailing wage will be required to adjust to the higher prevailing wage rate. The Department's notification will state the effective date of the wage increase upon which all affected employers will be required to adjust to the higher wage

 Any time the new AEWRs are announced, they are immediately effective and apply at the time work is performed.  The Federal Register Notice explicitly states this, which is taken directly from the regulation.  So, if an employer with a certified H-2A application PRIOR to this announcement still has workers performing work under the certified H-2A application/job order, then the workers must be paid the NEW AEWR at time work is performed.   

For details on the H-2B program changes, go to USDOL announcements.

Our goal is to match U.S. workers with employers' recruitment needs. When workers are not able, willing, qualified, or available to fill these openings, the Foreign Labor Certification (FLC) program can be used to help the employer find qualified workers. 

H-2A Temporary Agricultural 

You can email us the ETA Form 790 and attachments for processing at flc@jfs.ohio.gov.

Please be sure that:

  • All documents are complete and legible.  Illegible ETA 790s will be returned to the employer. For this reason, we do not accept faxed copies.
  • You sign and date the form. Also type or print name and title.
  • You receive an automatic email from us which lets you know we have received your documents.
  • If  you do not receive this email within 24 hours, call us at 1.888.296.7541 Option 3.
  • We continue to accept ETA 790s submitted by overnight mail. 

    2015 FLC Program Year Update

H-2A Housing

Rental Housing - You must provide an attestation statement for housing in Item 28 (identified as Item 3 information) of the ETA 790.  If you are uncertain of what to put in the statement, you may email us requesting sample wording.  To ensure that the housing meets OSHA standards, you may email us to request a copy of the checklist.

Employer-owned Housing - You must send us an email requesting a housing inspection for the housing identified in Item 3 of the ETA 790.

Hotel/Motel - You must provide a statement on the hotel/motel letterhead providing: 

  • the number of rooms you are renting; and,
  • the dates the rooms will be rented; and,
  • the number of beds in each room; and,
  • whether the rooms provide full cooking and food storage facilities; or,
  • menus from the restaurants in the hotel/motel area  


H-2B Temporary Non-Agricultural

Post Your Job Order 

For more information on this and other programs, processing, oversight, and funding, please visit the U.S. Department of Labor Employment and Training Administration. 


For more information:

Ohio Foreign Labor Certification Program
Office of Workforce Development  F278
P.O. Box 1618 
Columbus, OH  43216-1618
E-mail: 
flc@jfs.ohio.gov  
Phone: 1-888-296-7541, Option # 3  

                                                                                                                  Updated 04/29/2015