Frequently asked questions
Q1. Do I have to register with the State Workforce Agency in order to file an H-2B Job Offer?
A: No. Employers no longer have to register with the State Workforce Agency, in order to file a Job Offer. The employer must however ensure that they are registered to do business in the Commonwealth of Massachusetts.
Q2. What documents must I submit to the State Workforce Agency in addition to the H-2B Job Offer?
A: None.
Q3. What documents must I submit to the Chicago National Processing Center (CNPC) in addition to the Application for Temporary Employment Certification?
A: An employer seeking H-2B workers must file a completed Application for Temporary Employment Certification (ETA Form 9142B and the appropriate Appendices and valid PWD), a copy of the Job Order being submitted concurrently to the State Workforce Agency, and copies of all Contracts and Agreements with any agent and/or recruiter, executed in connection with the job opportunities and all information required, as specified in 20 CFR 655.8 and 655.9.
Q4. Are there other methods for filing the H-2B Job Offer with the State Workforce Agency?
A: At this time, the only method for filing a Job Offer with the Massachusetts State Workforce Agency is via completing the fillable MDCS H-2B Job Offer, attaching it to an email, and submitting it to h2bprograms@detma.org.
Q5. Can the H-2B employers/agent file an application without the Department of Labor’s case number?
A: H-2B agent must obtain the case number from Chicago National Prevailing Wage Center (CNPC) prior to filing the H-2B Job Offer Form with the State Workforce Agency.
Q6. When can I submit an H-2B Job Offer?
A: A completed H2B Job Offer must be filed concurrently with an Application for Temporary Employment Certification no more than 90 calendar days and no less than 75 calendar days before the employer's date of need.
Q7. How and when do I know if the Job Offer I submitted has deficiencies or has been accepted?
A: The State Workforce Agency must inform the Certifying Officer at the Chicago National Prevailing Wage Center (CNPC) of any noted deficiencies within 6 business days of receipt of the Job Order. The Chicago National Prevailing Wage Center (CNPC) has 7 business days from the day they receive the Application for Temporary Employment Certification to issue either a Notice of Deficiency (NOD) or a Notice of Acceptance (NOA). The Chicago National Prevailing Wage Center (CNPC) will communicate to the employer deficiencies noted by the certifying officer and the State Workforce Agency (if applicable).
Q8. What do I do if I receive a Notice of Deficiency from the Chicago National Prevailing Wage Center (CNPC)?
A: If you receive a Notice of Deficiency from the Chicago National Prevailing Wage Center (CNPC) you have 10 days from its receipt to submit the required modifications or request administrative review. Any modifications to the job offer must also be submitted to the State Workforce Agency via an updated MDCS Job Offer Form.
Q9. Does the MDCS H-2B Job Offer Form require a physical signature?
A: No. Simply type your name in the designated area and by virtue of the form being submitted electronically by email, the form will be considered signed.
Q10. How long must the State Workforce Agency post an H-2B Job Order?
A: Upon receipt of the Notice of Acceptance, the State Workforce Agency in receipt of the employer's job order must keep the Job Order on its active file until 21 days before the start date of need. Until then the State Workforce Agency must refer to the employer all qualified United States workers who apply for the job opportunity or on whose behalf a job application is made.
If you have additional questions please feel free to submit them by email to h2bprograms@detma.org.