Filing an MDCS Job Offer Form (H2B Related)

The H-2B non-immigrant program allows employers to hire foreign workers to perform non-agricultural labor and services on temporary or seasonal basis. For additional information on the H-2B program, go to USDOL's H-2B Certification portal.

FLC Email address for H-2B

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For all H-2B correspondence or inquiries please send e-mails to Email FLC Email address for H-2B at H2BPrograms@mass.gov

The Details of Filing an MDCS Job Offer Form (H2B Related)

What you need for Filing an MDCS Job Offer Form (H2B Related)

Overview

The MassHire Department of Career Services (MDCS) role is to assist employers by processing H-2B related job orders. Prior to filing the job order with MDCS’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 using ETA Form 9141. H-2B job orders must be filed with the Chicago National Processing Center 75 to 90 days before the employer's date of need.

What you need to know

  1. Job Offers may be submitted to MDCS, FLCU prior to 90 days from the date of need and must be clearly identified as an H-2B job order.
  2. To file with MDCS’s Foreign Labor Certification Unit, complete the MDCS Job Order Form.
  3. E-mail the completed MDCS Job Offer form to H2BPrograms@mass.gov Please do not file the any H-2B related job offer on the JobQuest job bank, and please do not submit directly to any MassHire Career Center (MCC).

When to submit your application package to the CNPC
Employer/agents must concurrently submit the job offer to the MDCS and the H-2B application package to the CNPC, between 90 to 75 calendar days before the anticipated date of need.

What to File and Where

Prevailing Wage Determinations (PWD) - Requests can be submitted electronically through the FLAG System. Electronic filing is strongly recommended.

Employers that lack adequate access to electronic filing may file the application by mail. The employer must indicate that it is filing by mail due to a lack of adequate access to electronic filing. The employer may mail the application package to the NPWC at the following address:

U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
National Prevailing Wage Center
200 Constitution Ave NW
Room N-5311
Washington, DC 20210
Attn: H2B Prevailing Wage Determinations

H-2B Application Package -  The H-2B Application package must be submitted to the CNPC electronically through the FLAG System
Video tutorials are available on creating a FLAG System account and more. 
Employers that lack adequate access to electronic filing may file the application by mail. The employer must indicate that it is filing by mail due to a lack of adequate access to electronic filing. The employer may mail the application package to the Chicago NPC at the following address: 

U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 W Quincy Ct
Chicago, IL 60604-2105
Attn: H2B Application

MDCS Job Offer Form - The MDCS Job Offer Form must be filed simultaneously with the MassHire Department of Career Services (MDCS). Employers/agents/authorized representatives must file their job offer with the MDCS, Foreign Labor Certification (FLC) Unit via e-mail. Once approved by U.S. DOL, MDCS will enter the job order into the State’s job bank (JobQuest),  a job order number will be assigned and emailed to employer/agent/representative.

What Happens Next

  • The MDCS, FLC unit reviews the job offer for compliance with State and Federal requirements as soon as possible but no later than six business days of receipt.
  • The Chicago NPC reviews the H-2B application and job offer for compliance with program requirements within seven business days of receipt.
  • At the end of the seven business days of receipt of the application, the CNPC will notify the employer in writing of the decision to either accept (Notice of Acceptance) or not accept (Notice of Deficiency) the employer's application and/or job offer.
    • A Notice of Deficiency identifies the deficiencies found by MDCS and CNPC and provides the employer the opportunity to address those deficiencies with the application and/or job offer.
      • Employers have 10 days from the date of the Notice of Deficiency to submit a modified application or job offer.
      • Any modifications to the job offer must also be submitted to MDCS. Employers can simply resubmit the MDCS Job Offer Form with the necessary modifications.
    • Each notification will also provide the next steps for the employer to take.
  • Within 14 days of receipt of a Notice of Acceptance , the employer must follow the instructions provided in the Notice of Acceptance and conduct recruitment, including:
    • Placing newspaper advertisements;
    • Contacting former U.S. workers;
    • Contacting the bargaining representative (if any) or posting notice of the job opportunity to the employer's current employees; and
    • Conducting any additional recruitment, if directed by the Certifying Officer.
  • The Certifying Officer in the Notice of Acceptance will specify a date for the employer's initial recruitment report.
  • After receipt of the initial recruitment report, the CNPC will determine whether to certify or deny the application and issue the final determination.
  • The final determination will be sent electronically to the employer and, if applicable, the employer's authorized representative or agent.
  • The employer submits the Form ETA-9142B Final Determination: H-2B Temporary Labor Certification Approval, a copy of Appendix B, and information required by USCIS, with the petition package to the USCIS Service Center. The original Appendix B is retained in the employer's retention file.
  • The employer is obligated to continue to update the recruitment report and prepare a final recruitment report.
  • The updated report does not need to be submitted to the CNPC but must be retained by employer's and made available in the event of a post certification audit or upon request by U.S. DOL officials.
  • The employer must also continue to accept referrals of U.S. applicants until 21 days before the date of need.
  • Employers can appeal for administrative review of Notices of Deficiency, partial certifications, denial of labor certification, denials of redetermination requests, denials of modified applications or job orders and denials of extension requests.

Filing tips

Do not print, scan/photograph and email the MDCS Job Offer. The MDCS Job Offer must be submitted in its original pdf format ONLY.

Complete all the required fields on the job offer before submitting. Submitting an in complete job offer may result in a notice of deficiency.

Do not submit a job offer on any form or in any other format other than on the most recently issued MDCS Job Offer Form.

Email ALL JOB OFFERS ONLY to h2bprograms@mass.gov. Sending Job Offers directly to specific staff may result in delays and/or your job offer not being processed at all.

IMPORTANT: Submitting Job Offers directly to specific staff will result in delays and/or your job offer not being processed at all.


MDCS H2B Job Offer Form Resources

Job Offer Resource Links:

 

MassHire Programs & Services are funded in full by US Department of Labor (USDOL) Employment and Training Administration grants. Additional details furnished upon request.

How to file Filing an MDCS Job Offer Form (H2B Related)

Filing an MDCS Job Offer Form

Employers must file their original job offer with the MassHire Department of Career Services (MDCS), Foreign Labor Certification (FLC) Unit.

Follow these instructions to file with/submit a job offer to MDCS:

  1. DOWNLOAD the MDCS Job Offer form
  2. COMPLETE the Job Offer Form
    1. Instructions on completing the MDCS Job Offer Form can be found here
  3. SAVE the file onto your device
    1. Submit the job offer form in its original “fillable PDF" format ONLY
  4. OPEN a new email and ATTACH the completed and saved Job Offer Form (original in its “fillable PDF PDF" format ONLY)
    1. The subject line should include the employer’s name (i.e. ABC Restaurant 2022 Job Offer)
  5. SEND the email to h2bprograms@mass.gov

Contact for Filing an MDCS Job Offer Form (H2B Related)

Online
For all H-2B correspondence or inquiries please send e-mails to Email FLC Email address for H-2B at H2BPrograms@mass.gov

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