The H-2B Temporary Non-Agricultural Program permits employers who meet the program requirements to hire nonimmigrant workers to temporarily come to the United States and perform non-agricultural services or labor, based on the employer's temporary need. The employer applicant must establish that its need for non-agricultural services or labor is temporary in nature, regardless of whether the underlying job is permanent or temporary.
To participate in the H-2B program, an applicant must:
- Be a bona-fide employer with a valid Federal Employer Identification Number (FEIN);
- Have a place of business (i.e., physical location) in the United States; and
- Have a means by which it can be contacted for employment.
The employer's job opportunity (opportunities) must be:
- Temporary (i.e., nine months or less, except one time occurrences);
- Full-time (i.e., 35 or more hours per week); and
- Non-agricultural employment within a specified area(s) of intended employment.
Temporary need must be established as one of the following:
- One-time occurrence;
- Seasonal need;
- Peak-load need; or
- Intermittent need.
With the exception of a one-time occurrence need, which can last up to three years, temporary need will not be approved for longer than nine months.
What you need for filing an H-2B Related MDCS Job Offer:
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 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:
- Job Offers 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.
- To file with MDCS’s Foreign Labor Certification Unit, complete the MassHire JobQuest Application.
The MassHire Department of Career Services (MDCS), as the designated State Workforce Agency (SWA) plays a critical role in the H-2B Temporary Non-Agricultural Worker Program by reviewing job postings submitted by employers to ensure compliance with program requirements. MDCS coordinates with employers throughout the application process, posts job orders to ensure U.S. workers have the opportunity to apply and monitors recruitment efforts to confirm that no qualified U.S. workers are available for the positions. Additionally, MDCS communicates with the U.S. Department of Labor’s Office of Foreign Labor Certification to facilitate the labor certification process, ensuring that the recruitment and hiring procedures are fair and transparent, ultimately protecting both U.S. and foreign workers.
How and When to Apply:
Step 1: Determine Eligibility:
To Participate in the H-2B program, an employer must be a bona fide U.S. employer with possession of a valid Federal Employer Identification Number (FEIN), physically located in the United States and needs to have the means to be contacted for employment.
The employer's job 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.
- With the exception of a one-time occurrence need which can last up to 3 years, temporary need will not be approved for longer than 9 months.
Step 2: Obtain a Prevailing Wage Form ETA-9141 and Prevailing Wage Form 9165):
Employers must request and obtain a Prevailing Wage Determination (PWD) from the OFLC Nation Prevailing Wage Center (NPWC) before filing an H-2B Application.
Important: Employers are encouraged to file at least 60 days before the determination is needed.
Step 3: File an Application and Job Order with the Chicago National Processing Center (CNPC):
H-2B employers must submit a job order to the MassHire Department of Career Services (MDCS) via MassHire JobQuest within 75 to 90 days before the date of need. Additionally, employers must submit the H-2B Application for Temporary Employment Certification (Form ETA-9142B) and all required supporting documents to the Office of Foreign Labor Certification (OFLC) National Processing Center (CNPC) within the *same timeframe.
Employers can choose to file with the CNPC either electronically via the Foreign Labor Application Gateway (FLAG) system or by mail to:
Attn: H-2B Application
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court|
Chicago, IL 60604-2105
Here’s a list of what to include:
- H-2B Application for Temporary Employment certification (Form ETA-9142B) and Appendices
- A valid PWD tracking number issued by the NPWC
- A copy of the Job Order submitted to MDCS
- Copies of all contracts and agreements with the employer demonstrating the authority to represent the employer (agents and/or recruiters)
- Contact information for all persons and entities hired by or working for recruiters or agents including any subagents or employees of such person and entities (as applicable)
- Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Farm Labor Contractor Certificate of Registration (agents, as applicable)
- Any applicable supporting documentation
Filing Tip: It is strongly recommended that employers create a draft Job Order on MassHire JobQuest to submit with their H-2B Application for Temporary Employment Certification (Form ETA-9142B) once a CNPC Case Number has been assigned than the employer can submit the Job Order to the MassHire Department of Career Services via MassHire JobQuest.
For more information about submitting H-2B-Related Job Orders on Masshire JobQuest visit Creating and Submitting an H-2B Related Job Order.
Step 4: Conduct Recruitment of U.S. Workers:
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.
Creating and submitting an H-2B Job Order
Step 1:
In order to create and submit an H-2B Job Order to be posted on Massachusetts’ job bank, MassHire JobQuest (MJQ) you must first be registered to do business in Massachusetts, and you must have a MassHire JobQuest account.
To register to conduct business in the State of Massachusetts go to: Starting a business in Massachusetts.
To register for or request access to a MassHire JobQuest account go to: Register for MassHire JobQuest.
Step 2:
This process is under development.
If you have any questions regarding MassHire JobQuest please visit: https://jobquest.dcs.eol.mass.gov/JobQuest/Support/FAQs
If you have any questions about posting a Job Order, contact H-2Bprograms@mass.gov