Filing Foreign Labor Certification (FLC) H-2B through application

The H-2B Non-agricultural Program allows U.S. employers or U.S. agents who meet specific regulatory requirements to temporarily bring non-immigrants to perform non-agricultural labor or services in the United States.

Contact

FLC Email address for H-2B

Online

For all H-2B correspondence or inquiries please send e-mails to H2BPrograms@MassMail.State.MA.US

The Details

What you need

The Immigration and Nationality Act (INA) requires that hiring a foreign worker will not adversely affect the wages and working conditions of corresponding U.S. workers. To learn more about Prevailing Wages, please visit the U.S. DOL prevailing wage portal.

H-2B Non-Agricultural Workers

Important Notice: The employer must simultaneously submit the H-2B program application (ETA 9142B)  and a copy of the draft job order created through the FLC Application to the U.S. DOL, Chicago National Processing Center.

Who can participate?

An employer who meets the program requirements to hire non-immigrant workers to temporarily come to the U.S. and perform non-agricultural services or labor based on the employer's temporary need.

Where to file the Job Order Form?

To file the Job Order form; go to the “Application Login” icon.

Duration?

The employer's job opportunity (opportunities) must be:

  • Temporary (9 months or less, except one-time occurrences),
  • Full-time (35 or more hours per week), and
  • Non-agricultural employment within a specified area(s) of intended employment.

Impact on local employment?

The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.

How to file

Massachusetts Non-agricultural H-2B Job Order Email Filing Filing Procedures

1. Employer(s)/Agent(s) must file their original job offer with the Department of Career Services (DCS), Foreign Labor Certification Unit (FLC):

Complete the following Two forms and submitted to DCS.

Note: If you are not represented by an agent/representative, you will complete only the Job Order Form below.

     A. Job Order Application:   H-2B Job Order Form 

1) Download the Job Order form and save it to your computer.
2) Fill out all items on the form. (Please ensure all fields have been filled in.)
3) Electronically sign (e-sign) and date the form (section V), and save.
4) E-mail the Job Order form to DCS at H2BPrograms@MassMail.State.MA.US
5) If you are not able to E-sign; print the form and sign it, scan the document then e-mail it to DCS at H2BPrograms@MassMail.State.MA.US

     B. Employer/Agent (representative) Agreement: Form ETA-9142B – APPENDIX B

1) Download the Form ETA-9142B – APPENDIX B.
2) Fill out all items on the form. (Please ensure all fields have been filled in.)
3) Sign, date and print the form, then e-mail it to DCS at H2BPrograms@MassMail.State.MA.US.

2. Concurrently, the employer / agent must send a copy of the job order to the Chicago National Processing Center (CNPC) with ETA 9142B Application for Temporary Employment Certification filing package (ETA 9142B plus Attachment B).

Contact

Online

For all H-2B correspondence or inquiries please send e-mails to H2BPrograms@MassMail.State.MA.US

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