Foreign Labor Services

The Foreign Labor Certification program allows employers to hire nonimmigrant foreign workers as temporary or seasonal employees. For an employer to receive an H-2A or H-2B temporary labor certification, the Department of Labor must determine the following: first, that there are not enough U.S. workers who are able, willing, qualified and available to do the temporary work; and second, that the employment of H-2A or H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

AGRICULTURAL (H-2A) TEMPORARY WORKER CERTIFICATION PROGRAM

If you missed the Fiscal Year 2022 State Workforce Agency Updates on the H-2A Temporary Foreign Labor Webinar, you can view the recorded event in link below. 

FY2022 SWA Updates - H-2A TFLC Program Webinar

• Presentation - PDF version
• FY22 SWA Update - H-2A TFLC Program Webinar Q & A

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 Pure Michigan Talent Connect (Michigan's job bank system).
• Conducts agricultural surveys of prevailing wages. United States Department of Labor (USDOL) posts the prevailing wage rates for Michigan in the Agricultural Online Wage Library.
• Conducts agricultural surveys of prevailing practices. United States Department of Labor (USDOL) posts the prevailing employment practices for Michigan in the Agricultural Employment Practice Survey Library.
• Facilitates housing inspections in coordination with the Michigan Department of Agriculture and Rural Development.
• Provides information and technical assistance.

To file an application for H-2A Certification for Temporary Agricultural Workers, file a job order (ETA-790) with the US Department of Labor online 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.

NON-AGRICULTURAL (H-2B) TEMPORARY WORKER CERTIFICATION PROGRAM

If you missed the Fiscal Year 2022 State Workforce Agency Updates on the H-2B Temporary Final Rule Webinar, you can view the recorded event in link below.

• FY22 SWA H-2B Temporary Final Rule Webinar
• FY22 SWA H-2B Temporary Final Rule Presentation
• Michigan Works! Agency Order Holding Office (OHO) Contact List

Services provided to Employers under the H-2B Certification for Temporary Non-Agricultural Workers

• Reviews H-2B job orders posted by employers on Pure Michigan Talent Connect (Michigan's job bank system)
• Posts H-2B job orders on Pure Michigan Talent Connect (Michigan's job bank system) when requested by employers
• Provides information and technical assistance

To file an application for H-2B Certification for Temporary Non-Agricultural Workers, the employer must first create and save their job posting as a draft on the Pure Michigan Talent Connect (PMTC). This draft must then be uploaded and accompany the online application that is submitted via the U.S. Department of Labor Foreign Labor Application Gateway (FLAG).

*NOTE* This draft can only be published by the FLCO once the job has been accepted at the federal level. Be sure to select 'H-2B' from the Foreign Labor Certification drop-down menu when drafting the job on PMTC.

CONTACT

Foreign Labor Services Office
WD - Agricultural and Foreign Labor Services
P.O. Box 30805
Lansing, MI 48909
Phone: 517-335-5858 Fax: 517-241-8216
Email: LEO-FLCOffice@Michigan.gov