Filing an MDCS Job Offer Form (H-2B 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 United States Department of Labor's (USDOL) Chicago National Prevailing Wage Center (CNPC) 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 Orders may be submitted to MDCS and 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 Foreign Labor Certification Unit, complete the online JobQuest H-2B Job Order Form.
3. Job orders must be submitted for review using the specific JobQuest H-2B job order form. The form requires the CNPC Case number when submitting for MDCS review.

When to submit your Application Package to the USDOL Chicago National Prevailing Wage Center (CNPC): Employer/agents must submit the H-2B Application Package with a copy of the JobQuest H-2B job order form to the CNPC, between 90 to 75 calendar days before the anticipated date of need.

What to file and where:

Prevailing Wage Determinations (PWDs): Requests can be submitted electronically through the FLAG System. Found at https://flag.dol.gov/. 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 National Prevailing Wage Center at the following address:

United States Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
National Prevailing Wage Center
200 Constitution Avenue, NW
Room N-5311
Washington, DC 20210
Attn: H-2B Prevailing Wage Determinations

H-2B Application Package - The H-2B Application Package must be submitted to the CNPC electronically through the FLAG System. Found at https://flag.dol.gov/. Video tutorials are available at the website under "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 National Prevailing Wage Center at the following address:

United States Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 W Quincy Court
Chicago, IL 60604-2105
Attn: H-2B Application

JobQuest H-2B Job Order Form: The job order will be submitted via MassHire JobQuest using the online H-2B specific JobQuest form. Once approved by the U.S. DOL, MDCS will open the job order on the state job bank.

What happens next

• The MassHire Department of Career Services and Foreign Labor Certification unit reviews the Job Order for compliance with State and Federal requirements, as soon as possible but no later than six business days of receipt.
• The CNPC reviews the H-2B Application and Job Order 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 and send a Notice of Acceptance or not accept and send a Notice of Deficiency, the Employer's Application and/or Job Order.
  • 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 Order.
    • Employers have 10 days from the date of the Notice of Deficiency to submit a Modified Application or Job Order to CNPC.
    • Any modifications must also be submitted to MDCS by updating the JobQuest H-2B Job Order.
  • 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 United States 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:

Register accounts on MyMassGov and JobQuest

Complete all the required fields on the JobQuest H-2B Job Order Form before submitting. Submitting an incomplete Job Order may result in a Notice of Deficiency.

Do not submit a Job Order on any other form or in any other format other than on the MassHire JobQuest H-2B Job Order form.

IMPORTANT: Submitting Job Orders using the standard JobQuest Job Order form will result in delays and/or your Job Order not being processed at all. The JobQuest H-2B Job Order form requires the CNPC case number.  This ensures you are using the correct form.

MDCS H2B Job Order Form resources:

Job Order resource links:

• MassHire JobQuest https://mass.gov/jobquest
• MyMassGov  https://www.mass.gov/orgs/mymassgov
• O*Net Codes  https://www.onetonline.org/
• NACIS Codes https://www.onetonline.org
• MassHire Career Center Locations https://www.mass.gov/masshire-career-centers
• Job Order Assurances and Contents https://www.naics.com/search/
• Job Order Assurances and Obligations of H-2B employers https://www.ecfr.gov/current/title-20/chapter-V/part-655/subpart-A/subject-group-ECFR893e730513b48f0/section-655.18

^{MassHire Programs and Services are funded in full by U.S. Department of Labor (USDOL) Employment and Training Administration grants. Additional details furnished upon request.}