The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires Farm Labor Contractors (FLCs) and Farm Labor Contractor Employees (FLCEs) to register with the U.S. Department of Labor and obtain a Certificate of Registration before performing any farm labor contracting activity. Persons engaged in farm labor contracting activities must receive a certificate prior to performing such activities (including separate authorization to Transport (TA), Drive (DA), and/or House (HA)). This registration process serves a critical role in ensuring migrant and seasonal agricultural worker protections under MSPA. Registration ensures that FLCs and FLCEs can be located when necessary, and that any housing and/or transportation that the FLC intends to provide meets basic standards at the time of registration.

The frequently asked questions (FAQs) listed below provide applicants with additional guidance about registration. These FAQs address some of the most common and avoidable mistakes seen in applications. As these FAQs are updated regularly, applicants are encouraged to revisit this page prior to applying for an initial or renewal Certificate of Registration or amending a current Certificate of Registration. Submitting a complete and correct application reduces delays and ensures the timely issuance of FLC and FLCE Certificates of Registration.

Basic Registration

  1. What forms do you accept to apply for a MSPA Certificate of Registration?
  2. What form should I fill out?
  3. Can I add a vehicle or housing unit to my certificate without submitting a WH-540?
  4. When should I renew my Certificate of Registration?
  5. How frequently do I need to submit fingerprints?
  6. I received a letter stating that my application was incomplete. How do I fix the application?
  7. If my current Certificate of Registration has been lost or destroyed, how do I request a duplicate Certificate?
  8. Where do I get a fingerprint card?

Transportation Authorization

  1. How do I obtain authorization to transport workers?
  2. How do I show that the vehicle is safe?
  3. How do I show that the vehicle is insured?
  4. What is the minimum insurance coverage required if I am only using vehicle liability insurance (not workers’ compensation insurance) to insure the vehicles?
  5. If I am using only vehicle liability insurance to insure the vehicles, what information do you need?
  6. If I am using workers’ compensation and liability insurance to insure the vehicles, what information do you need?
  7. Where do I get a vehicle inspection?
  8. How long is the vehicle inspection good for?

Driving Authorization

  1. How do I obtain authorization to drive workers?
  2. My FLCEs only have foreign driver’s licenses. What do I do?
  3. Can FLCs be issued authorization to drive?
  4. How old do I have to be to drive?

Housing Authorization

  1. How do I obtain authorization to house workers?
  2. What do I do if the responsible agency will not inspect my housing?

Process

  1. Is there someone I can talk to about the application process?
  2. When is your office open?
  3. How do I check the status of my application?
  4. How much does it cost to submit an application?
  5. Where can I find a list of registered FLCs with approved certificates?

Basic Registration

  1. What forms do you accept to apply for a MSPA Certificate of Registration?

    WHD published the updated WH-530, WH-535, and WH-540 forms on 10/18/21 and will immediately accept these forms. These forms can be found on this page Additionally, WHD will continue to accept the previous version of Form WH-530 until March 31, 2022 for applications for FLC or FLCE certificates of registration, and for amendments to current certificates of registration. All FAQs in this section will refer to the forms published 10/18/21.

  2. What form should I fill out?

    Complete Form WH-530 if you are applying for an initial or renewal Certificate of Registration as an FLC, meaning you are:

    • a person or business who recruits, solicits, hires, employs, furnishes, or transports migrant or seasonal agricultural workers for money or other benefit;
    • not an agricultural employer, agricultural association, or employee of an agricultural employer or association; and
    • not subject to the exemption criteria found in 29 U.S.C. § 213(a)(6)(A) and 29 C.F.R. 500.30.

    Complete Form WH-535 if you are applying for an initial or renewal Certificate of Registration as an FLCE, meaning that you recruit solicit, hire, employ, furnish, or transport migrant or seasonal agricultural workers solely on behalf of a registered FLC.

    Complete Form WH-540 to amend a currently effective FLC or FLCE Certificate of Registration, or to request a duplicate Certificate of Registration.

  3. Can I add a vehicle or housing unit to my certificate without submitting a WH-540?

    No. Every amendment to an existing Certificate of Registration must be accompanied by a completed WH-540. However, you may add multiple vehicles or housing units to your certificate using one WH-540 form.

  4. When should I renew my Certificate of Registration?

    You may submit an application up to 120 days before your current Certificate of Registration expires. Early submission of applications is encouraged. If we receive your properly completed and signed application for renewal in our office at least 30 days before the expiration of your current Certificate, you may continue to perform farm labor contracting activities under your expired Certificate until we process your application for renewal.

  5. How frequently do I need to submit fingerprints?

    If this is your first FLC or FLCE application, you must submit a fully completed FD-258 fingerprint card. Please remember to complete the fields for your date of birth, place of birth, sex, race, height, weight, eye color, and hair color.

    If you are filing an application for renewal of your FLC or FLCE Certificate of Registration, you must submit a completed FD-258 if you did not submit one in the previous three years. For example, if you last submitted a completed FD-258 in June 2018, you need not submit a FD-258 when you renew your application in May 2020. However, you should submit a completed FD-258 with your application for renewal in April 2022.

  6. I received a letter stating that my application was incomplete. How do I fix the application?

    If you submitted an incomplete application, you were not issued an FLC or FLCE Certificate of Registration. Instead, your application was returned to you, and you received a letter describing how your application was incomplete and instructions for how to fix the incomplete items. Provide the missing information listed in the letter and return the application and all supporting documentation to: U.S. Department of Labor

    Wage and Hour Division
    Farm Labor Certificate Processing
    90 Seventh Street Suite 11-100
    San Francisco, CA 94103

  7. If my current Certificate of Registration has been lost or destroyed, how do I request a duplicate Certificate?

    FLCs and FLCEs may request a duplicate Certificate of Registration by completing and submitting form WH-540. Applicants seeking a duplicate Certificate should complete Sections 1 and 10 in form WH-540.

    Alternatively, a duplicate certificate may be requested from the National Farm Labor Certificate Processing Unit by submitting a typed letter to:

    U.S. Department of Labor
    Wage and Hour Division
    Farm Labor Certificate Processing
    90 Seventh Street Suite 11-100
    San Francisco, CA 94103

    The typed letter must include the following information:

    • The full name of the certificate holder;
    • Social Security number;
    • IRS Tax ID Number (EIN) or Certificate number;
    • Brief description of why a duplicate certificate is needed; and
    • Mailing address.
  8. Where do I get a fingerprint card?

    Contact your local police department or Sheriff’s office to inquire about fingerprinting services.

Transportation Authorization

  1. How do I obtain authorization to transport workers?

    You must provide proof that each vehicle that you own or control is safe and properly insured. Complete sections 8 and 9 on form WH-530 (if applying for a Certificate of Registration) or section 7 on the WH-540 (if amending an existing Certificate of Registration) and attach all documents requested in the instructions.

  2. How do I show that the vehicle is safe?

    Each vehicle must be inspected and approved each year by a Federal or State Inspector or by a licensed, third-party garage or mechanic to ensure that it complies with applicable Federal and State safety standards.

    Proof of compliance must be demonstrated by submitting a completed Form WH-514 (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh514.pdf) or Form WH-514a (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh514a.pdf), Vehicle Identification and Mechanical Inspection Report, or other substantially similar report.

    Such proof must be submitted EACH year for EACH vehicle used to transport workers. The forms must be fully completed.

  3. How do I show that the vehicle is insured?

    You must provide proof of compliance with insurance or liability bond requirements for EACH vehicle. These requirements are summarized in WHD’s Fact Sheet 50 found at https://www.dol.gov/agencies/whd/fact-sheets/50-mspa-transportation. Further information on proof of insurance can be found in FAQs 4, 5, and 6.

  4. What is the minimum insurance coverage required if I am only using vehicle liability insurance (not workers’ compensation insurance) to insure the vehicles?

    If you are using only vehicle liability insurance to insure the vehicle, you must have proof of coverage of at least $100,000 for each seat in the vehicle, up to a maximum of $5,000,000 per vehicle.

  5. If I am using only vehicle liability insurance to insure the vehicles, what information do you need?

    You should provide the certificate of insurance (and other information, as necessary) demonstrating the following information:

    • Coverage limits for the insurance policy (indicating coverage of at least $100,000 for each seat in the vehicle, up to a maximum of $5,000,000 per vehicle);
    • Auto schedule or copies of separate ID cards listing the Vehicle Identification Numbers (VINs) for the vehicles covered (VINs on the auto schedule and/or ID cards must match the VINs on the vehicle inspection forms); and
    • Listing the U.S. Department of Labor, Wage and Hour Division, Farm Labor Certificate Processing, 90 Seventh Street Suite 11-100, San Francisco, CA 94103, as the certificate holder.
  6. If I am using workers’ compensation and liability insurance to insure the vehicles, what information do you need?

    You should provide the certificate of insurance demonstrating:

    • Proof of the workers’ compensation policy;
    • $50,000 in insurance covering loss or damage to the property of others; and
    • listing the U.S. Department of Labor, Wage and Hour Division, Farm Labor Certificate Processing, 90 Seventh Street Suite 11-100, San Francisco, CA 94103, as the certificate holder.

    The applicant must also complete the following additional fields on the form (these items will be found in item 9 if you are completing the WH-530 for an initial or renewal certificate, and in item 7 if you are completing the WH-540 for an amendment):

    • States in which the applicant will be transporting workers.
    • List of all circumstances in which the applicant will transport workers.
    • Affirmation that the applicant will transport workers only in circumstances covered by their workers’ compensation.
  7. Where do I get a vehicle inspection?

    The inspection must be performed by a Federal or State Inspector or by a licensed, third-party garage or mechanic.

  8. How long is the vehicle inspection good for?

    Proof of vehicle inspection must be submitted every year.

Driving Authorization

  1. How do I obtain authorization to drive workers?

    If applying for authorization to drive, complete item 10 and 11 on form WH-530 (if applying for an FLC Certificate of Registration ), items 8 and 9 on form WH-535 (if applying for an FLCE Certificate of Registration), or item 8 on form WH-540 (if applying to amend an existing Certificate of Registration), and follow the instructions in the relevant form. You must attach the following documents to the application:

    • A clear photocopy of the applicant’s current and valid driver’s license, both front and back; and
    • A completed doctor’s certificate (completed by a doctor of medicine or osteopathy) for the applicant, WH-515 (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh515.pdf) or applicable Department of Transportation Form, if the applicant does not have an unexpired doctor’s certificate on file with WHD.
  2. My FLCEs only have foreign driver’s licenses. What do I do?

    FLCEs applying for driving authorization must have a currently valid motor vehicle operator’s permit or license, as provided by applicable State law, to operate the vehicle. Some States have restrictions on driver’s licenses issued by foreign countries. Driving authorization will not be issued to an applicant holding only a foreign driver’s license if, at the time of filing the application, any of the State(s) where the applicant will be driving do not accept a foreign driver’s license. Forms WH-530, WH-535, and WH-540 require any applicant requiring driving authorization to identify the State(s) where they will be driving.

  3. Can FLCs be issued authorization to drive?

    Corporate applicants (e.g. corporations, partnerships, LLCs, etc.) applying for FLC certificate may not receive driving authorization. Only an individual or proprietorship may apply for driving authorization. If you are an applicant representative applying for a corporation, partnership, LLC, or other business, and require driving authorization, you must register as a FLC Employee (FLCE) and obtain driving authorization using your FLCE certificate.

  4. How old do I have to be to drive?

    The minimum age to drive depends on the applicable transportation safety standard:

    • If the applicant (1) drives only passenger automobiles and station wagons, or (2) drives any vehicle for trips of 75 miles or less, then the applicant is subject to the DOL transportation safety standards (see Fact Sheet 50). Persons 18 years and older may apply for driving authorization under the DOL transportation safety standards
    • If the applicant drives vehicles other than a passenger automobile or station wagon (e.g. buses, tractor-trailers, etc.), for trips longer than 75 miles or for day haul operations, then the applicant is subject to the DOT transportation safety standards (see Fact Sheet 50). Only persons who are at least 21 years or older may apply for driving authorization under the DOT transportation safety standards.

    However, the application and the Certificate of Registration do not distinguish between DOL or DOT transportation safety standards. Each driving-authorized FLC/FLCE is responsible for compliance with the applicable transportation standard (DOL or DOT).

Housing Authorization

  1. How do I obtain authorization to house workers?

    You should complete sections 12 and 13 on form WH-530 (if applying for an initial or renewal Certificate of Registration) or section 9 of the WH-540 (if applying to amend a currently existing Certificate of Registration) and follow all instructions. For EACH facility or real property that you own or control and that will be used to house migrant agricultural workers, you should attach the corresponding document indicating compliance with applicable Federal and State safety and health standards. The proof may be any of the completed documents listed below, and must identify the housing (i.e., list the address):

    • MSPA form WH-520, Housing Occupancy Certificate (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh520.pdf) issued by a State or local health authority or other appropriate agency.
    • Occupancy certificate or permit issued by a State or local government agency.
    • A dated and signed written request for the inspection of a facility or real property made to the appropriate State or local agency at least forty-five (45) days prior to the date on which it is to be occupied by migrant agricultural workers. The request should list the following items:
      • Property address;
      • Intended dates of occupancy;
      • Intended number of occupants;
      • Number of units (if applicable);
      • Owner of property; and
      • Printed name and signature of requesting FLC.
  2. What do I do if the responsible agency will not inspect my housing?

    If the responsible agency will not inspect the housing site, the applicant may submit a dated and signed written request for the inspection of a facility or real property made to the appropriate State or local agency at least forty-five (45) days prior to the date on which it is to be occupied by migrant agricultural workers. The request should list the following items:

    • Property address;
    • Intended dates of occupancy;
    • Intended number of occupants;
    • Number of units (if applicable);
    • Owner of property; and
    • Printed name and signature of requesting FLC.

Process

  1. Is there someone I can talk to about the application process?

    You may contact the Certificate Processing office by:

    Email at mspaflc@dol.gov.

    Phone at (415) 241-3505 for inquiries during the hours of 8:00am – 12:00pm and 1pm – 4:30pm Pacific Standard Time, Monday through Friday.

  2. When is your office open?

    The Certificate Processing office is open for inquiries during the hours of 8:00am – 12:00pm and 1pm – 4:30pm Pacific Standard Time, Monday through Friday.

  3. How do I check the status of my application?

    You may contact the Certificate Processing office by email at mspaflc@dol.gov or by phone at (415) 241-3505 for application status check during the hours of 8:00am – 12:00pm and 1pm – 4:30pm Pacific Standard Time, Monday through Friday.

  4. How much does it cost to submit an application?

    The application is free of charge.

  5. Where can I find a list of registered FLCs with approved certificates?

    The Wage and Hour Division publishes a list of actively registered FLCs and FLC employees at https://www.dol.gov/agencies/whd/agriculture/mspa/farm-labor-contractors.

    You may also contact the Certificate Processing office by email at mspaflc@dol.gov or by phone at (415) 241-3505 for certificate status checks during the hours of 8:00am – 12:00pm and 1pm – 4:30pm Pacific Standard Time, Monday through Friday.