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 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).

• 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 brief slide show presentation for H-2B employers and agents.

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

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.

Foreign Labor and Agriculture Labor Specialist: Stacey Rice
Office phone: 585-258-8858
Mobile phone: 585-402-4344
E-Mail: [email protected]
Fax: 585-339-9457

Foreign Labor and Agriculture Labor Specialist: Caylin Gwise
Office phone: 585-258-8855
Mobile phone: 585-746-2409
E-Mail: [email protected]
Fax: 716-541-9615

Foreign Labor and Agriculture Labor Supervisor: Melissa Buckley
Office phone: 716-851-2609
Mobile phone: 716-803-0402
E-Mail: [email protected]
Fax: 716-541-9615

Division Director: Jeanette Lazelle
Office phone: 518-457-7304
Mobile phone: 518-461-2599
E-Mail: [email protected]

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