Foreign Labor Certifications (FLC)
The Massachusetts Department of Career Services (DCS) in cooperation with the U.S. Department of Labor, Office of Foreign Labor Certification (OFLC) works to assist employers with the filing and processing of temporary labor certifications in two program areas:
1. H-2A Certification for Temporary Agricultural Workers
The Department of Career Services (DCS) accepts and processes Agricultural and Food Processing Clearance Orders (ETA 790) including the posting of all H-2A related job orders into the state’s job bank system. DCS also conducts agricultural Prevailing Wage and Practices Surveys in order to determine wages and employment related practices affecting the employment of agricultural workers. Also, in cooperation with the Massachusetts Department of Public Health, Community Sanitation Program; DCS conducts pre-occupancy housing inspections of employer provided facilities.
2. H-2B Non-Agricultural Processing
On April 29, 2015, the Departments of Labor and Homeland Security jointly published new regulations governing the H-2B Temporary Non-agricultural Labor Certification Program. This interim final rule became effective April 29, 2015. Interested persons are invited to submit written comments on this interim final rule on or before June 29, 2015.
The H-2B Temporary Non-agricultural Program allows U.S. employers who meet specific regulatory requirements to bring foreign nonimmigrant workers to the United States to fill temporary non-agricultural jobs.
IMPORTANT NOTICE ABOUT FILING WITH DOL:
Employers may submit their H-2A or H-2B applications to the Chicago National Processing Center (CNPC) electronically via the DOL’s iCERT Portal System OR submit their application via mail directly to the CNPC. The employer must choose only one method of submission. Duplicate applications, where the employer or authorized representative files electronically and submits that same application via U.S. mail, will be rejected.
Massachusetts Contact Information
For questions about MA Department of Career Services role in the Foreign Labor Programs, call (617) 626-5300.