H-2B Employers and Agents

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 ensuring their H-2B job orders are compliant. 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 Form ETA-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. Effective July 1, 2025, H-2B job orders will be submitted through the NYS DOL’s Virtual Career Center (VCC). This change only impacts the filing of the job order at the state level, while the US Department of Labor and US Citizenship and Immigration Services processes remain the same. Please see the 2025 Employer Webinar below for an overview of the process!

This is the VCC webpage: Virtual Career Center | Department of Labor. To begin, you must create an account with basic details about the business and submit the registration request. All accounts will be reviewed within 3 business days. If there are any required missing details NYS DOL staff will email you to resolve the issue prior to account approval. Please be sure to respond timely to requests for additional information.

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 NYS DOL staff. Once you enter the draft H-2B job order in the VCC, NYS DOL staff will perform a compliance review. If deficiencies are identified on the draft job order and edits are needed, NYS DOL 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.

Once the job order is finalized, NYS DOL staff will provide a PDF for your records. As always, we encourage employers and agents to upload the NYS DOL job order directly to FLAG upon submission of the case. Upon the Notice of Acceptance (NOA) from the US DOL, the H-2B job order will be opened to the public by NYS DOL staff.

In the event the employer will offer optional housing, utilities and/or meals, please consult the appropriate NYS Wage Order to determine the appropriate amounts. Uniform maintenance pay, when applicable, is also outlined in the wage orders. The wage orders can be found here:

• See the Minimum Wage Order for Miscellaneous Industries and Occupations
• See the Hospitality Industry Wage Order

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.

Here is a Fact Sheet for H-2B employers and agents.

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.

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 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.

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.

One of the biggest H-2B industries in New York State is the Horse Racing Industry. It is a major economic driver in the state, supporting thousands of jobs and attracting tourists from around the world. 

The Department of Labor is committed to protecting racetrack workers and supporting all employers in their efforts to comply with regulations.

Horse Racing in NYS

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 and Fax: 
H-2A: [email protected]
H-2B: [email protected]