The federal H-2B non-immigrant program permits employers to hire foreign workers to perform non-agricultural labor on a full-time, temporary basis. For additional information on the H-2B program, go to USDOL's H-2B Certification Page. The New York State Department of Labor's (NYSDOL) role is to assist employers by processing H-2B job orders. Prior to filing the job order with the New York State Department of Labor's Foreign Labor Certification Unit (FLCU), you must obtain a Prevailing Wage Determination from the US Department of Labor's Chicago National Prevailing Wage Center using ETA Form 9141. H-2B job orders should be filed with the Chicago National Processing Center 75 to 90 days before the employer's date of need.
Job Orders may be submitted to the NYS DOL prior to 90 days from the date of need and must be clearly identified as an H-2B job order. To file with the NYS DOL's Foreign Labor Certification Unit, complete the H-2B Foreign Labor SWA Job Order Form (FL 515). As referenced in the FL-515, below are the direct links to the applicable New York Wage Orders, which include information about optional deductions for the benefit of employees (such as employer provided housing or meals, for example).
E-mail the completed FL-515 to the New York State Department of Labor's Foreign Labor Certification Unit using [email protected] or fax it to 716-541-9615. Please do not self-index any H-2B order on the New York Job Bank, and please do not submit it to the Business Services personnel or Career Center personnel.
In November 2023, the New York State Department of Labor’s Division of Immigrant Policies and Affairs provided an H-2B webinar to the external filing community. The webinar provides a general overview of the H-2B program, highlights the State Department of Labor’s role in the H-2B process and offers guidance regarding filing H-2B job orders in the State of New York. You can view a recording of this webinar by clicking on the link below. As always, please feel free to contact us with any questions you may have.
