What is the difference between an H-2A Labor Contractor and a Farm Labor Contractor?
An H-2A Labor Contractor (H-2ALC) is any person who meets the definition of employer under 20 CFR 655.103(b) and is not a fixed-site employer, an agricultural association, or an employee of a fixed-site employer or agricultural association, who recruits, solicits, hires, employs, furnishes, houses, or transports any worker(s) subject to section 218 of the Immigration and Nationality Act. A Farm Labor Contractor (FLC), as defined under the Migrant and Seasonal Worker Protection Act (MSPA), is any person, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity. MSPA applies separately from the Department’s H-2A regulations at 20 CFR part 655, Subpart B.Under the requirements of MSPA, FLCs (and any employee who performs farm labor contracting functions) must register with the Departmen
