Employment Agency

Employment Agency License Application Checklist

Who Must Have an Employment Agency License?

You must have an Employment Agency license to provide job assistance for a fee. This includes helping employers find employees and helping jobseekers find work.

If your agency is located in New York City, you must be licensed by the Department of Consumer and Worker Protection (DCWP). If your office is located in New York State, but not within New York City, please contact the New York State Department of Labor:

You do NOT need an Employment Agency license if you are one of the following types of business:

  • Staffing Agency: You are the employer, and you contract out your employees, all of whom receive a W-2 form from you at the end of the year and you meet the criteria of an employer.

  • Theatrical Personal Manager for Artists (e.g., models, writers, actors, musicians, etc.): Your primary business is managing artists, and finding employment and engagements is only incidental to your work managing artists.

Exception: If your primary business is finding employment or engagements for artists, you are a “theatrical employment agency” and need an Employment Agency license.

  • Model Management Companies and Model Management Groups: Although you may not require an Employment Agency license, you may be subject to new responsibilities and requirements under the New York State Fashion Workers Act. For information, visit the New York State Department of Labor website: https://dol.ny.gov/fashion.

  • Certain Executive Search Firm and Employer Fee Paid Agencies: Your agency places only commercial, clerical, executive, administrative, and professional applicants, and never charges the applicant a fee of any kind. If you fit this category, you do not need a license, but you must comply with all sections of the New York State Employment Agency Law relating to Employer Fee Paid Agencies.

This description is only a general explanation of who must have an Employment Agency license.

License Requirements

The Department of Consumer and Worker Protection (DCWP) will deny your application if you fail to provide the required documents and information.

Before you file your DCWP license application, you must do the following:

Obtain Applicable Business Certificate.

Obtain Commercial Space.

You cannot operate your business in a residential building. If you plan to operate in a building that is both commercial and residential, your agency must be placed in the commercial part of the building. DCWP will verify your premises with the NYC Department of Buildings (DOB) to ensure you are operating in a commercial space. Although DCWP does not require submission of DOB documents in order to process your application, DCWP reserves the right to request and examine the documents under section 20-104 of the New York City Administrative Code.

When you file your DCWP license application, you must submit the following materials:

Basic License Application

Download Basic License Application

Apply Online! Review requirements and click the link at the bottom of the page to submit your application.

Sales Tax Identification Number OR Application Confirmation Number

To apply for a Certificate of Authority in order to collect sales tax, visit www.businessexpress.ny.gov.

Business Certificate

Employment Agency Self-Certification OR Theatrical Employment Agency Self-Certification

The owner (e.g., sole proprietor, general partner, director, corporate officer, member, or shareholder owning 10% or more of company stock) must complete the appropriate Self-Certification for your agency:

Note: If the owner is also not the Employment Agency Manager, then the Employment Agency Manager must complete and certify PART II of the appropriate Self-Certification. The Employment Agency Manager is responsible for directing and operating the placement activities of the employment agency.

Copy of Surety Bond (or Third Party Bond), properly signed

The bond amount is:

  • $10,000 for applicants that will engage in the recruitment of domestic or household employees from outside the United States or conduct a modeling agency
  • $5,000 for all other employment agency applicants

The copy of the bond must name the City of New York as the Certificate Holder. Your corporate name, Doing-Business-As (DBA) name (if any), and premises address must be exactly the same on all documents. You must also submit a copy of the bond receipt showing that the bond has been paid in full and does not expire before the end of the licensing period.

Download a list of bonding companies. Note: The list on the DCWP website is not exhaustive, and DCWP does not endorse or recommend any particular bonding company.

Copy of Contracts

You must submit a sample of all contracts that you require applicants for employment to execute, including for each class of employment your agency offers to secure jobs. Classes of employment include:

  • Class A (domestic household workers, unskilled or untrained manual workers and laborers)
  • Class A1 (non-professional trained or skilled industrial workers or mechanics)
  • Class B (commercial, clerical, executive, administrative, and professional employment; all employment outside the continental United States; and all other employment not included in classes A, A1, C, and D)
  • Class C (theatrical engagements)
  • Class D (nursing engagements)

Copy of Fee Paid Letters (if applicable)

If you will never charge applicants a fee within a class of employment, for each such class a signed “fee paid” letter from a principal of the agency is required stating:

“None of our [insert class name] applicants will ever be charged a fee. All fees will be paid to this agency or by their employer.”

Fingerprints and Processing Fee

All employment agency managers, sole proprietors, general partners, corporate officers, principals, directors, members, and all shareholders owning 10% or more of company stock must be fingerprinted and submit fingerprints for a state and national criminal history record check by the Federal Bureau of Investigation.

  1. Contact DCWP’s Fitness Review Unit right away.
    Call (212) 487-4089 or email FRUUnit@dcwp.nyc.gov.

    DCWP will give you “Non-Criminal Justice Applicant’s Privacy Rights.” You must acknowledge receipt.

    After you acknowledge receipt, DCWP will give you instructions on how to schedule a fingerprint appointment online with IdentoGO which performs all fingerprint services for DCWP.

  2. Schedule fingerprint appointment with IdentoGO.
    Follow the instructions and pay the required fee(s).

Granting Authority to Act Affirmation

Required if someone other than the license applicant will prepare and submit this application. The applicant must sign the license application and all related forms. Download Granting Authority to Act Affirmation.

License Fee

License Period: 2 years

Expiration Date: May 1 in even years

License Fee: Determined by Number of Placement Employees

If You File Your Application Between These Dates:

  • From May 2 in an even year to April 30 in an odd year:
    • Fee for 1-4 Placement Employees: $500
    • Fee for 5 or More Placement Employees: $700
  • From May 1 in an odd year to October 31 in an odd year:
    • Fee for 1-4 Placement Employees: $250
    • Fee for 5 or More Placement Employees: $350
  • From November 1 in an odd year to May 1 in an even year:
    • Fee for 1-4 Placement Employees: $125 or $625* for a license expiring May 1 of the following even year. (Valid for at most 30 months.)
    • Fee for 5 or More Placement Employees: $175 or $875* for a license expiring May 1 of the following even year. (Valid for at most 30 months.)

*If you are applying within six months of the license expiration date, you can pay the prorated fee for the remaining license term plus the full fee to renew the license for the next term. If you pay both fees, you will not need to renew the license until the end of the next license period.

Pay by:

  • Credit card (Visa, MasterCard, American Express, Discover Card only) (Online or in person)
    You will be charged a nonrefundable 2% Convenience Fee.
  • eCheck (Online)
  • Check or money order payable to DCWP (In person or by mail)

Important Message about Business Certificate

You must have the applicable Business Certificate based on your business’s legal structure. Although DCWP does not require submission of your Business Certificate in order to process your application, DCWP may request this document under section 20-104 of the New York City Administrative Code.

Sole Proprietors

Sole proprietors operating under a name other than your own must have a Business/Assumed Name Certificate.

Partnerships

Partnerships must have a Partnership Certificate and, if applicable, an Assumed Name Certificate for your business.

Corporations, Limited Partnerships, Limited Liability Companies, or Limited Liability Partnerships

Corporations, Limited Partnerships, Limited Liability Companies, or Limited Liability Partnerships must register and remain active with the New York State Division of Corporations. You can check your status at www.dos.ny.gov/corps.

Submit Your License Application to DCWP

You can submit your license application online or in person at the DCWP Licensing Center.

  • ONLINE OPTION: After reviewing requirements above, click the Apply Online button below to login or create an account to start your online license application.

Apply Online Button. You will be redirected to a new page

Questions? We’re here to help!

Email: SpecialAppsUnit2@dcwp.nyc.gov

Phone: (212) 487-2353. (Monday - Friday, 8 a.m. – 4 p.m.)

Free Interpretation Services are available on-site. To request a disability-related accommodation, visit our Accommodations page.

Additional Resources for Employment Agencies

  • You must post required signs in the reception or waiting area, where all job applicants can see them. Signs are online at nyc.gov/BusinessToolbox and include: 

Note:

    • You must display posters in the language in which your agency does business.
  • Employment agencies must maintain a “Register” containing applicant and employer information. Download model register.
  • For resources to help your business open, operate, and grow, visit nyc.gov/business.

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Note: Whether you apply to register to vote or not, it will not affect the assistance DCWP will provide to you.