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Foreign Labor Services
Foreign Labor Services
About Foreign Labor Services
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Foreign Labor Services (FLS) supports Michigan employers who are looking to hire U.S. workers as a temporary employment solution to their talent needs.
The H-2A and H-2B temporary (agricultural and non-agricultural) foreign labor certification programs allow employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform services of temporary or seasonal nature.
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Connect with a regional Foreign Labor Services representativeServices provided through FLS
- Review and process clearance orders
- Labor Exchange job order content review
- Conduct agricultural surveys (prevailing wage)
- Facilitate farmworker housing with Michigan Department of Agriculture and Rural Development
- Business services — such as technical assistance, and post-certification site visits
Programs
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Agricultural (H-2A) Temporary Worker Certification Program
Services provided to employers under the H-2A Certification for Temporary Agricultural Workers.
- Reviews and processes employer ETA-790 Agricultural and Food Processing Clearance Order.
- Posts all H-2A job orders into Michigan’s labor exchange system, Pure Michigan Talent Connect (MiTalent.org).
- Conduct agricultural surveys of prevailing wages. United States Department of Labor (USDOL) posts the prevailing wage rates for Michigan in the Agricultural Online Wage Library.
- Conduct agricultural surveys of prevailing practices. USDOL posts the prevailing employment practices for Michigan in the Agricultural Employment Practice Survey Library.
- Facilitate housing inspections in coordination with the Michigan Department of Agriculture and Rural Development (MDARD).
- Provides information and technical assistance.
To file an application for H-2A Certification for Temporary Agricultural Workers, file with the US Department of Labor through the Foreign Labor Application Gateway (FLAG) within 60-75 calendar days before your start date of need. For Emergency Applications file the online application no less than 45 calendar days before the start date of need.
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Non-Agricultural (H-2B) Temporary Worker Certification Program
To file an application for H-2B Certification for Temporary Non-Agricultural Workers, at least 15 days prior to the intended date of filing the H-2B application:
- The employer must visit their local Michigan Works! Agency to discuss their labor needs with a Business Services Representative.
- Seek assistance in drafting an attractive job posting that contains all of the content requirements for the H-2B Program.
- Create and publish the job posting on Pure Michigan Talent Connect (MiTalent.org), the state’s labor exchange system. If the employer did not receive applications from qualified U.S. Workers to fill the available vacancies after 15 days, the employer may then submit their H-2B Application.
- The inactive job posting must then be uploaded and accompany the online application submitted via the U.S. Department of Labor Foreign Labor Application Gateway (FLAG).
Post-certification site visits
Employers who participate in the H-2A and H-2B temporary foreign labor certification programs may receive a post-certification site visit from the Michigan Department of Labor and Economic Opportunity, Workforce Development, Office of Foreign Labor Services.
Post-certification site visits serve as a helpful opportunity for state officials to check in, make sure everything is on track, and provide resources to help employers and workers succeed together.
Download the required program posters below:
Resources
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Worker rights
Visit the Wage and Hour Division's Worker Rights page on the U.S. Department of Labor's website to learn more about worker rights.
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Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 protects workers from employment discrimination based on race, color, religion, sex, or national origin. Visit the U.S. Equal Employment Opportunity Commission website to learn more.
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Immigrant and Employee Rights (IER)
The Immigrant and Employee Rights Section (IER) protects workers from discrimination based on citizenship or national origin and from unfair I‑9 practices. Learn more on the U.S. Department of Justice Civil Rights Division website.
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National Human Trafficking Hotline
The National Human Trafficking Hotline offers confidential, 24/7 support and reporting options for anyone affected by human trafficking.