Overview
The federal H-2B non-immigrant program permits employers to hire foreign workers to perform non-agricultural labor on a full-time, temporary basis.
The New York State Department of Labor's (NYSDOL) role is to assist employers by ensuring their H-2B job orders are compliant.
Jobs for H-2B Workers
H-2B workers must only work:
For the employer listed;
At the location(s) stated;
Only during the dates of need listed;
On the job duties stated;
At the pay rate(s) stated.
The H-2B visa program is Congressionally capped. Annually, there are two allotments of visas distributed:
October 1 = 33,000;
April 1 = 33,000;
For an annual total of 66,000.
Please note Congress has, for the past few fiscal years, authorized the Department of Homeland Security to release additional allotments of visas. You can find information about the cap on the USCIS H-2B page.
Before Submitting a Job Order
The first step in the H-2B process is to obtain a Prevailing Wage Determination from the United States Department of Labor (USDOL). H-2B job orders should be filed in the Foreign Labor Application Gateway (FLAG) 75 to 90 days before the employer's date of need. For additional information on the H-2B program process, go to USDOL's H-2B Certification Page.
Submitting a Job Order
Job Orders may be submitted to the NYSDOL prior to 90 days from the date of need and must be clearly identified as an H-2B job order. Job orders must be submitted through the NYSDOL’s Virtual Career Center (VCC) by creating an account.
Once your account is approved, you can log in to post your H-2B job opening(s). You must check YES to indicate the job order is H-2B for it to be routed to the appropriate NYSDOL staff.
Once you enter the draft H-2B job order in the VCC, NYSDOL staff will perform a compliance review. If deficiencies are identified on the draft job order and edits are needed, NYSDOL staff will reach out via email with the list of deficiencies, the needed corrections, and ask for your written permission to edit the H-2B job order in the VCC.
Please be sure to respond timely to requests for additional information.
As always, we encourage employers and agents to upload the NYSDOL job order directly to FLAG upon submission of the case. Upon the Notice of Acceptance (NOA) from the USDOL, the H-2B job order will be opened to the public by NYSDOL staff.
H-2B Employer Responsibilities
2025 Employer Webinar
The webinar provides a general overview of the H-2B program, including our transition to the VCC, 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.
Agents Acting on Behalf of New York’s H-2B Employers
The agents/attorneys listed below 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 Foreign Labor Certification Unit 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.
Wage Theft Prevention Act Resources for H2-B 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 Pay Rate Notice For Employees of Temporary Help Firms (LS51) 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 Albanian, Arabic, Bengali, Chinese, French, Greek, Haitian-Creole, Hindi, Italian, Japanese, Korean, Polish, Russian, Spanish, Urdu and Yiddish.
Wage Statements for H-2B Employers
New York State Department of Labor form Sample H-2B Wage Statement (FL447) 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.
Contact Us
Foreign Labor Certification Unit Supervisor: Melissa Buckley
Office phone: 716-851-2609
Mobile phone: 716-803-0402
E-Mail: [email protected]
Foreign Labor Certification Unit Program Emails:
H-2A: [email protected]
H-2B: [email protected]