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Filing an H-2B Job Offer Form

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.

FLC Email address for H-2B

Online

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

The Details of Filing an H-2B Job Offer Form

What you need for Filing an H-2B Job Offer Form

Start the Process

  1. Obtain a Prevailing Wage Determination (PWD) at least 90 calendar days before it is needed. Obtain a PWD from the National Prevailing Wage Center (NPWC) using the Application for Prevailing Wage Determination (Form ETA-9141). The PWD application is available for electronic filing on the FLAG System and/or by mail.
  2. File an H-2B application and a job offer 90 to 75 days prior to the date of need. File a job offer with the MassHire Department of Career Services (MDCS) AND submit the H-2B application (Form ETA-9142B and Appendices) with supporting documents and a copy of the job offer filed with the MDCS to the Chicago National Processing Center

When to submit your application package to the Chicago NPC:
Between 90 to 75 calendar days before the anticipated date of need, the employer concurrently submits the job offer to the MDCS and submits the H-2B application package to the CNPC

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

H2B Application Package - The H-2B Application package can be filed 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

Job Offer - The job offer must be filed simultaneously with the MassHire Department of Career Services (MDCS). Employers/agents/authorized representatives must file their original 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 our Job Bank and the job order number will be e-mailed to you.

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 the SWA. 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 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 other form other than the MDCS Job Offer Form

Submit the MDCS Job Off (to MDCS) and the Application for Temporary Employment Certification-ETA9142B (to the CNPC) at the same time.

 

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 H-2B Job Offer Form

Filing an H-2B Non agricultural Job Offer

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/submit a job offer with 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. Click the SAVE button on the completed Job Offer Form 
    1. Submit ONLY in “PDF" format
  4. OPEN a new email and ATTACH the completed and saved Job Offer Form (in pdf format)
    1. The subject line should include the employer’s name (i.e. ABC Restaurant 2022 Job Offer)
  5. SEND the email to h2bprograms@detma.org

Contact for Filing an H-2B Job Offer Form

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