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H-2B cap fills quickly — early planning is essential. Contact our office to begin your H-2B strategy 4–6 months before your seasonal need.
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Overview
The H-2B visa enables U.S. employers in non-agricultural industries to fill seasonal, peak-load, intermittent, or one-time labor needs with foreign workers. Common H-2B occupations include hospitality (housekeeping, landscaping), construction, seafood processing, amusement parks, and resort staff. The H-2B has an annual cap of 66,000 visas (33,000 for first half / 33,000 for second half of fiscal year), often supplemented by DHS additional allocations.
Eligibility Requirements
The employer must establish the temporary nature of the need (seasonal, peak-load, intermittent, or one-time occurrence — generally less than one year); demonstrate insufficient U.S. workers; obtain DOL temporary labor certification; and the beneficiary must be a national of a DHS-designated eligible country.
Application Process
Step 1: Submit prevailing wage request to DOL. Step 2: Conduct domestic recruitment per DOL requirements. Step 3: File Form ETA-9142B for temporary labor certification. Step 4: File Form I-129 with USCIS upon DOL certification. Step 5: Beneficiaries apply for visas at U.S. consulates.
Required Documentation
Required: DOL certified Form ETA-9142B; evidence of temporary need (seasonal/peak-load/intermittent/one-time); domestic recruitment compliance; prevailing wage payment commitment; written job order; and employer ability to pay.
Government Filing Fees
I-129 base fee; Anti-fraud fee $150; Asylum Program Fee; Premium processing optional; Visa application fees; Recruitment costs.
Processing Timeline
Total processing typically 90–150 days; January 1 filings for April 1 start dates; July 3 filings for October 1 start dates; Initial admission up to one year, with extensions in increments up to three years total.
Why Choose Our Firm
We assist hospitality groups, landscaping companies, seafood processors, and resort operators with H-2B compliance. Our services include prevailing wage strategy, recruitment compliance audits, multi-state filings, and DOL audit defense.
