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H-2B Employers and Agents

The federal H-2B non-immigrant program permits employers to hire foreign workers to perform non-agricultural labor on a full-time, temporary basis. For additional information on the H-2B program, go to USDOL's H-2B Certification Page. The NYS Department of Labor's role is to assist employers by processing H-2B job orders. Prior to filing the job order with the NYS Department of Labor's Foreign Labor Certification Unit (FLCU), you must obtain a Prevailing Wage Determination from the US Department of Labor's Chicago National Prevailing Wage Center (CNPC) using ETA Form 9141. H-2B job orders should be concurrently filed with the NYS Department of Labor and the Chicago National Processing Center 75 to 90 days before the employer's date of need, and must be clearly identified as an H-2B job order. To file with the NYS Department of Labor's FLCU, complete the H-2B Foreign Labor SWA Job Order Form (FL 515) and E-mail it to the NYS Department of Labor’s FLCU using H2B@labor.ny.gov or fax it to 716-541-9615. Do not self index any H-2B order on the NYS Job Bank, and do not submit it to the Business Services personnel or Career Center personnel.

Important H-2B Update, May 2018:

As you may know, the USCIS (U.S. Citizenship and Immigration Services) is releasing an additional 15,000 H-2B visas for the second part of the federal fiscal year. On Thursday May 31, the USCIS issued a press release to provide basic information and the "how to" details on pursuing the visas.

On Thursday May 31, the final rule was published enacting the regulations and allowing the visas to be issued. You may view Federal Register Vol. 83, No. 105. To pursue the visas, employers with previously certified H-2B job orders, will be required to do a "fresh round of recruitment" and sign a supplemental attestation. Starting May 31, eligible petitioners for H-2B visas can file Form I-129, Petition for a Nonimmigrant Worker and must submit a supplemental attestation on Form ETA 9142-B-CAA-2 with their petition.

In New York, if you plan to pursue these visas, and you have already placed a job order in connection with a certified H-2B order, you must contact our office to re-activate the job order for five (5) business days. Please email our office and provide the following: the name of the employer, the job order number and the start and end dates you need the job order to be re-opened. You may email our dedicated H-2B box at: H2B@labor.ny.gov. We will re-open the job order(s) at your request and provide a confirmation of the activity.

As always, if you have questions, please call Christina Sánchez at (518) 457-5598.

 

Questions? Contact:

Foreign Labor and Agriculture Labor Specialist: Christina Sánchez
Office phone: 518-457-5598
Mobile phone: 518-728-2832
E-Mail: Christina.Sanchez@labor.ny.gov
Fax: 518-457-1335
Mailing address: State Office Campus, Building 12, Room 570, Albany NY 12240

Foreign Labor and Agriculture Labor Specialist: Erin Kelly
Office phone: 518-485-9269
Mobile phone: 607-205-5489
E-Mail: Erin.Kelly@labor.ny.gov
Fax: 518-457-1335
Mailing address: State Office Campus, Building 12, Room 570, Albany NY 12240

Division Director: Jeanette Lazelle
Office phone: 518-457-7304
Mobile phone: 518-461-2599
E-Mail: Jeanette.Lazelle@labor.ny.gov

 

USDOL Contact Information

Find details at http://www.foreignlaborcert.doleta.gov or contact the USDOL's CNPC at (312) 886-8000.

 

Agents Acting on Behalf of New York’s H-2B Employers

The agents/attorneys listed are those that New York’s H-2B employers currently hire to complete H-2B related paperwork, recruit workers from foreign countries, and provide general assistance in the H-2B process. New York’s FLCU is not allowed to endorse any one representative over any others. This list of agents may be provided to employers who would like to utilize the services of these individuals.

 

New York State Wage Theft Prevention Act resources for H-2B employers

In order to assist employers in achieving compliance with New York’s Wage Theft Prevention Act (WTPA), a number of forms and other resources are provided for your use.

Pay Notice and Work Agreement for H-2B employers

New York State Department of Labor Form LS 54 is a blank work agreement that contains all of the fields that employers must include to notify each employee in writing of conditions of employment at time of commitment to hire to comply with the Wage Theft Prevention Act. This form is also available in Chinese, Haitian Creole, Korean, Polish, Russian, and Spanish.

Wage statements for H-2B employers

New York State Department of Labor Form FL 447 is a blank wage statement containing the fields that employers of H-2B workers must provide to document each pay period to comply with the Wage Theft Prevention Act.

 

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