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Foreign Labor Services
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
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 talent exchange).
- 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
Services provided to Employers under the H-2B Certification for Temporary Non-Agricultural Workers
- Review H-2B job orders posted by employers on Pure Michigan Talent Connect (Michigan's job bank system)
- Provide information and technical assistance
A Final Rule published in the Federal Register in May 2022, and implemented effective 1/6/2023 now requires employers to contact their local Michigan Works! Agency to seek assistance in posting job orders, and assistance with recruitment and referral of qualified U.S. job seekers. 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. See H-2B General Instructions and Fact Sheet #69: Requirements to Participate in the H-2B Program on the U.S. DOL Website.
- Create and publish the job posting on the Pure Michigan Talent Connect (PMTC) website that serves as the states Labor Exchange System for the recruitment of U.S. Workers. The job posting must remain active for 15 days to attempt recruitment of U.S. Workers. If after the 15 days, the employer did not receive applications from qualified U.S. Workers to fill the available vacancies, 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).
*NOTE* Be sure to select 'H-2B' from the Foreign Labor Certification drop-down menu when drafting the job on PMTC. The inactive job order can be published again once the employer has received a Notice of Acceptance from the U.S. DOL Office of Foreign Labor Certification.
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.
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