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H-2B

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 NYS Department of Labor's role is to assist employers by processing H-2B job orders. Prior to filing the job order with the NYS 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 (CNPC) using ETA Form 9141. H-2B job orders should be concurrently filed with the NYS Department of Labor and the Chicago National Processing Center 75 to 90 days before the employer's date of need, and must be clearly identified as an H-2B job order. To file with the NYS Department of Labor's FLCU, complete the H-2B Foreign Labor SWA Job Order Form (FL 515) and E-mail it to the NYS Department of Labor’s FLCU using H2B@labor.ny.gov or fax it to 716-541-9615. Do not self index any H-2B order on the NYS Job Bank, and do not submit it to the Business Services personnel or Career Center personnel.

 

Questions? Contact:

Supervisor and Foreign Labor Certification Specialist: Melissa Buckley
Office phone: 716-851-2609
Mobile phone: 716-803-0402
E-Mail: Melissa.Buckley@labor.ny.gov
Fax: 716-541-9615
Mailing address: 290 Main Street, Room 213 Buffalo NY 14202

Labor Liaison: Christina Sánchez
Office phone: 518-457-5598
Mobile phone: 518-728-2832
E-Mail: Christina.Sanchez@labor.ny.gov
Fax: 716-541-9615
Mailing address: 290 Main Street, Room 213 Buffalo NY 14202

 

USDOL Contact Information

Find details at http://www.foreignlaborcert.doleta.gov or contact the USDOL's CNPC at (312) 886-8000.

 

Agents Acting on Behalf of New York’s H-2B Employers

The agents/attorneys listed are those that New York’s H-2B employers currently hire to complete H-2B related paperwork, recruit workers from foreign countries, and provide general assistance in the H-2B process. New York’s FLCU is not allowed to endorse any one representative over any others. This list of agents may be provided to employers who would like to utilize the services of these individuals.

 

New York State Wage Theft Prevention Act resources for H-2B employers

In order to assist employers in achieving compliance with New York’s Wage Theft Prevention Act (WTPA), a number of forms and other resources are provided for your use.

Pay Notice and Work Agreement for H-2B employers

New York State Department of Labor Form LS 54 is a blank work agreement that contains all of the fields that employers must include to notify each employee in writing of conditions of employment at time of commitment to hire to comply with the Wage Theft Prevention Act. This form is also available in Chinese, Haitian Creole, Korean, Polish, Russian, and Spanish.

Wage statements for H-2B employers

New York State Department of Labor Form FL 447 is a blank wage statement containing the fields that employers of H-2B workers must provide to document each pay period to comply with the Wage Theft Prevention Act.

 

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