Form WH-530 at a glance
What it is: WH-530 is the Application for a Farm Labor Contractor Certificate of Registration (Application for "Orange Card").
Where and when to file: If the application for renewal is filed by regular mail or delivered in person, it must be received by the Department at least 30 days prior to the expiration date on the current certificate.
This form is used to apply to the U.S. Department of Labor's Wage and Hour Division (WHD) for an initial or renewal Certificate of Registration, authorizing the applicant to engage in "farm labor contracting activities" as a farm labor contractor (FLC).
Complete this form if you are a farm labor contractor, meaning that 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.
A filled-in Form WH-530 example: an individual applies for an initial certificate
How to fill out Form WH-530, box by box
Type of application for certificate of registration
Check one box to indicate whether the applicant is submitting an initial or renewal application.
Check INITIAL if: no certificate of registration has ever been issued to the applicant; a certificate was previously issued to the applicant, and it is now expired; or a certificate was previously issued to the applicant, and it is due to expire in less than 30 days.
Check RENEWAL if: a certificate of registration was previously issued to the applicant, and it is not yet expired; and the certificate is due to expire in 30 days or more.
Identify the current or previous certificate number, if applicable, regardless if the application is an initial or renewal.
If the application for renewal is filed by certified mail, it must be mailed at least 30 days prior to the expiration date on the current certificate.
Firefighters
Check YES if the applicant will be engaged in performing any firefighting activities. If checking YES, explain specific kinds of firefighting activities the applicant will perform.
The applicant is a/an
Check one box to indicate if the applicant is an individual, proprietorship, corporation, partnership, limited liability company, or other. If the applicant is an INDIVIDUAL (with or without DBA name) or PROPRIETORSHIP, skip Section 3A and proceed to Section 3B.
Section 3A. Company, corporation, partnership, LLC, or other
Complete Section 3A (and skip Section 3B) if your company is operating as a CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, or OTHER. Identify the COMPANY NAME and EIN (TAX ID) NUMBER that should appear on the certificate.
Identify the FIRST NAME, MIDDLE NAME (OPTIONAL), and LAST NAME of the APPLICANT REPRESENTATIVE submitting the application. The APPLICANT REPRESENTATIVE must be an individual who has authority to make significant decisions for the company, e.g., the owner, president, C.E.O., etc.
Individual or proprietorship
Complete Section 3B (and skip Section 3A) if you are operating as an INDIVIDUAL (WITH OR WITHOUT DBA NAME) or PROPRIETORSHIP and are applying to engage in farm labor contracting activities as a FLC. Provide the FIRST NAME, MIDDLE NAME, and LAST NAME to appear on the certificate. Provide the applicant's SOCIAL SECURITY NUMBER and DATE OF BIRTH.
Farm labor contracting activities to be performed
Check the box for each activity to be performed for purposes of this certificate. At least one box must be checked.
Provide the location of work with as much specificity as possible, including city, state, and farm name(s), if known.
More rules for Form WH-530
The permanent place of residence of the applicant or applicant representative may not be a P.O. Box.
Check one box to indicate which address should appear on the certificate. If no box is checked, the certificate will list the PERMANENT PLACE OF RESIDENCE.
Identify if the APPLICANT REPRESENTATIVE or APPLICANT has been convicted of any of the listed crimes in the previous five year period. Check YES to part A if he/she was convicted of any crime described in this part that was associated with any farm labor contracting activities. Check YES to part B if he/she was convicted of any crime described in this part REGARDLESS of whether the crime was committed in connection with any farm labor contracting activities.
Form FD-258 Fingerprint Card must be fully completed by the APPLICANT or APPLICANT REPRESENTATIVE (if the APPLICANT is a company) if applying for an INITIAL certificate, or if applying for a certificate RENEWAL and the last FD-258 was submitted to WHD more than three years ago.
If providing transportation to workers in vehicles that you own or control, complete Section 9, Application for Transportation Authorization, below.
Only an individual or proprietorship may apply for driving authorization. Check NO, skip Section 11, and proceed to Section 12 if you do not need driving authorization.
The applicant must list the State(s) where he or she will be driving.
The applicant should check YES if it will be housing migrant workers in a facility or real property that it owns or controls.
Skip the Application for Housing Authorization section if the applicant does not own or control any facilities or real property to be used by migrant workers, or if all workers will return to their permanent residences each workday.
Common questions about Form WH-530
Who signs it?
All applicants must also sign the statement to affirm their intention to comply with all MSPA transportation requirements.
Where do I file it?
Send first class mail, certified mail, or USPS Express Mail to: U.S. Department of Labor Wage and Hour Division Farm Labor Certificate Processing 90 Seventh Street Suite 18-300 San Francisco, CA 94103 You may contact the Certificate Processing office by email at mspaflc@dol.gov or by 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.
Is there a penalty?
A false answer or misrepresentation to any question may be punishable by fine or imprisonment.
What am I certifying when I sign?
All applicants must sign the statement to affirm that the information in the application is true.
When is this form not the right one?
Do not complete this form if you are a farm labor contractor employee, meaning that you recruit solicit, hire, employ furnish, or transport migrant or seasonal agricultural workers solely on behalf of a registered farm labor contractor. If you are a farm labor contractor employee please register using form WH-535. Do not complete this form if you are seeking to amend a current farm labor contractor or farm labor contractor Certificate of Registration. To request an amendment, please use form WH-540.
Sources
[1] Form WH-530, Application for a Farm Labor Contractor Certificate of Registration, U.S. Department of Labor (the Official source link on this page).