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At Donald Gross Law Group, we assist U.S. employers in securing H-2B visas for temporary foreign workers in non-agricultural positions. From our headquarters in Washington, D.C. and international offices in Mexico City, Lisbon, and Bangkok, our experienced immigration attorneys provide strategic legal guidance for employers facing seasonal, peak-load, or intermittent labor needs who require temporary foreign workers to supplement their U.S. workforce while ensuring compliance with Department of Labor certification requirements.

Why Choose Donald Gross Law Group

  • Licensed attorneys: practicing in Washington, D.C., France, and Colombia with advanced legal training from Cornell, University of Chicago Law School, GW University Law School, and the Sorbonne
  • Over 30 years of combined experience: representing H-2B employers and workers before the Department of Labor and USCIS with extensive knowledge of temporary worker program requirements
  • Government expertise: from prior service at the State Department and National Security Council, providing unique insight into temporary worker policies and labor market protection priorities
  • Media recognition: by CNN, MSNBC, Fox Business News, Voice of America, and The Wall Street Journal for authoritative immigration legal analysis
  • H-2B specialization: comprehensive understanding of seasonal labor patterns, temporary labor certification requirements, and compliance obligations across diverse industries
  • Multilingual team: fluent in English, Spanish, and French, ensuring clear communication throughout the temporary worker process
  • Global accessibility: offices in Washington, D.C., Mexico City, Lisbon, and Bangkok, supporting employers with international temporary worker recruitment

Understanding H-2B Temporary Worker Classifications

The H-2B visa program allows U.S. employers to hire foreign workers for temporary non-agricultural positions when qualified U.S. workers are unavailable. This program serves legitimate temporary labor needs while protecting U.S. worker opportunities through comprehensive labor market testing and wage protection requirements administered by the Department of Labor.

H-2B status requires employers to demonstrate genuine temporary needs, conduct extensive recruitment for U.S. workers, and comply with prevailing wage and working condition standards that protect both domestic and foreign workers throughout the employment period.

Categories of Qualifying Temporary Need

H-2B eligibility depends on establishing that the employer’s need for workers meets one of three specific temporary need categories, each with distinct characteristics and documentation requirements.

  • Seasonal Need: Employment that is traditionally tied to a season of the year by an event or pattern and is of a recurring nature. Employers must demonstrate that the need recurs approximately the same time each year and lasts for a period generally less than one year.
  • Peak-Load Need: Employment needed to handle a temporary increase in demand for services or production that is above and beyond normal requirements. Employers must show this represents a departure from normal staffing levels and is not a permanent increase in business.
  • Intermittent Need: Employment for which the employer has not employed permanent or full-time workers to perform the services or labor, but occasionally or periodically needs temporary workers to perform the work. This category requires demonstrating sporadic, irregular, or occasional need.

Essential H-2B Employer Requirements

Success in H-2B applications requires employers to meet comprehensive requirements designed to protect U.S. worker opportunities while allowing access to foreign workers when genuine temporary needs exist.

  • Temporary Labor Certification: Employers must obtain approved temporary labor certification from the Department of Labor, demonstrating that insufficient U.S. workers are able, willing, qualified, and available to perform the temporary work.
  • Recruitment Obligations: Comprehensive recruitment efforts must be conducted to locate and hire qualified U.S. workers, including advertising, contact with unions, and outreach to former employees and local workforce agencies.
  • Prevailing Wage Compliance: Employers must pay at least the prevailing wage or actual wage paid to similarly situated U.S. workers, whichever is higher, ensuring wage protection for all workers.
  • Working Condition Standards: Employment terms and working conditions must not adversely affect the wages and working conditions of similarly situated U.S. workers, with detailed documentation required.
  • Worker Housing and Transportation: For positions requiring worker housing or transportation, employers must provide adequate accommodations meeting federal standards and safety requirements.

Common H-2B Industries and Occupations

H-2B visas serve diverse industries experiencing legitimate temporary labor needs, encompassing both seasonal businesses and companies facing periodic demand fluctuations.

  • Hospitality and Tourism: Hotels, resorts, restaurants, and tourist attractions requiring additional staff during peak seasons or special events, including housekeeping, food service, groundskeeping, and customer service positions.
  • Landscaping and Grounds Maintenance: Landscaping companies, golf courses, and property maintenance firms needing seasonal workers for lawn care, tree services, snow removal, and outdoor maintenance during peak demand periods.
  • Construction and Building Services: Construction companies requiring additional workers for specific projects, seasonal construction activities, or specialized building services that exceed normal staffing capacity.
  • Entertainment and Recreation: Amusement parks, festivals, sporting venues, and entertainment facilities needing temporary staff for seasonal operations or special events requiring additional personnel.
  • Seafood and Food Processing: Seafood processing facilities, canneries, and food production companies requiring seasonal workers during harvest periods or peak processing seasons tied to natural cycles.

Navigating H-2B Annual Limitations and Timing

The H-2B program operates under strict annual numerical limitations that create competitive application periods requiring strategic timing and careful preparation for successful petition filing.

  • Annual Cap Structure: The H-2B program provides 66,000 visas annually, divided equally between two periods: 33,000 for workers starting employment in the first half of the fiscal year (October-March) and 33,000 for the second half (April-September).
  • Application Timing: Employers can file H-2B petitions no more than 90 days before the start date of need, creating concentrated filing periods when demand exceeds available visas.
  • Lottery Selection Process: When applications exceed available numbers, USCIS conducts random lottery selection, emphasizing the importance of proper preparation and strategic positioning within application priorities.
  • Returning Worker Exemptions: Certain workers who received H-2B status in previous years may be exempt from the numerical cap, providing opportunities for experienced workers to return to previous employers.

Department of Labor Certification Process

H-2B success begins with obtaining temporary labor certification through a complex process requiring extensive documentation, recruitment efforts, and compliance with specific procedural requirements.

  • Job Order Filing: Employers must file job orders with the State Workforce Agency at least 75 days before the date of need, providing detailed position descriptions, wage information, and working conditions.
  • Recruitment Period: Comprehensive recruitment must be conducted for at least 30 days, including newspaper advertising, contact with previous employees, notification of collective bargaining representatives, and outreach to local workforce development agencies.
  • Application Submission: Following recruitment completion, employers submit temporary labor certification applications with detailed recruitment documentation, business justification, and evidence of temporary need.
  • Certification Decision: The Department of Labor reviews applications for compliance with all requirements, potentially requesting additional information or conducting investigations before approval or denial.

Strategic H-2B Compliance and Documentation

Successful H-2B programs require ongoing compliance with complex regulatory requirements and detailed record-keeping obligations that continue throughout the employment period.

  • Business Necessity Documentation: Comprehensive evidence demonstrating the legitimate temporary nature of the need, including business records, contracts, historical data, and operational documentation supporting the temporary classification.
  • Recruitment Documentation: Detailed records of all recruitment efforts, including copies of advertisements, responses received, reasons for rejecting U.S. worker applicants, and evidence of good faith recruitment efforts.
  • Wage and Hour Compliance: Proper payroll records, timekeeping documentation, and evidence of prevailing wage compliance throughout the employment period, with regular monitoring and adjustment as required.
  • Housing and Transportation Standards: For applicable positions, documentation of housing inspections, transportation safety compliance, and worker welfare standards meeting federal requirements.

How We Manage Your H-2B Success

  1. We begin with comprehensive needs assessment evaluating your business operations, seasonal patterns, and temporary labor requirements to determine H-2B eligibility and develop strategic approaches for certification
  2. We manage the complete DOL certification process including job order preparation, recruitment coordination, and application filing with detailed documentation ensuring regulatory compliance
  3. We coordinate USCIS petition filing with proper timing, supporting documentation, and strategic positioning to maximize approval chances within annual cap limitations
  4. We provide ongoing compliance support throughout the employment period, including wage monitoring, record-keeping guidance, and assistance with worker relations and regulatory requirements

Frequently Asked Questions About H-2B Visas

What is the H-2B visa program, and who is it for?

The H-2B program allows U.S. employers to hire foreign workers for temporary non-agricultural jobs when qualified U.S. workers are unavailable. It serves employers with seasonal, peak-load, or intermittent needs in industries like hospitality, landscaping, construction, and food processing.

What are the eligibility requirements for an H-2B visa?

Employers must: offer temporary work meeting seasonal, peak-load, or intermittent need; obtain Department of Labor temporary labor certification; demonstrate no qualified U.S. workers available; pay prevailing wages; provide proper working conditions. Workers must maintain foreign residence and intent to return home.

What types of work qualify as “temporary” under the H-2B program?

Qualifying temporary work includes: (1) Seasonal Need – work tied to seasons recurring annually; (2) Peak-Load Need – temporary increase above normal staffing during high demand; (3) Intermittent Need – occasional work where no permanent workers typically employed.

What are the benefits and limitations of the H-2B visa?

Benefits include temporary U.S. work authorization, employee benefits, family accompaniment through H-4 status, travel flexibility, and potential employer changes. Limitations include 3-year maximum stay, annual cap restrictions, dependent work prohibitions, and strict employer compliance requirements.

What is the process for obtaining an H-2B visa?

The process involves: (1) Department of Labor temporary labor certification with job order filing and recruitment; (2) USCIS H-2B petition filing within cap limitations; (3) worker visa applications at U.S. consulates; (4) ongoing compliance throughout employment period.

How does the H-2B annual cap work?

The program provides 66,000 visas annually: 33,000 for workers starting October-March and 33,000 for April-September starts. When demand exceeds supply, USCIS conducts lottery selection. Some returning workers may be cap-exempt.

What recruitment is required for H-2B certification?

Employers must conduct extensive recruitment including: State Workforce Agency job orders, newspaper advertising, contact with former employees and unions, outreach to workforce development agencies, and documentation of all recruitment efforts and U.S. worker responses.

Can H-2B workers change employers?

Yes, but requires the new employer to file H-2B petition and obtain temporary labor certification. Workers cannot simply change jobs without proper petitions and approvals from both DOL and USCIS.

What happens if H-2B workers overstay their authorized period?

Overstaying can result in visa violations, future inadmissibility, and employer penalties. Workers must depart by the end date specified in their approval, and employers must ensure compliance with departure requirements.

Do H-2B workers need housing from employers?

Housing requirements depend on the position and local market conditions. When required, employers must provide adequate housing meeting federal standards, pass inspections, and comply with safety and habitability requirements.

How long does H-2B processing take?

DOL certification typically takes 45-75 days after recruitment completion. USCIS processing varies but generally 2-4 months. Premium processing is available for USCIS petitions. Early planning is crucial due to cap limitations and timing requirements.

Can family members accompany H-2B workers?

Yes, spouses and unmarried children under 21 can obtain H-4 status to accompany H-2B workers, but H-4 dependents cannot work in the United States and must maintain proper status throughout the stay.

Testimonials

“Donald Gross Law Group expertly managed our seasonal H-2B program for our resort operations. Their understanding of hospitality industry needs and DOL requirements ensured successful certification and compliance.” — Jennifer Walsh, Resort Operations Manager

“The team’s expertise in H-2B landscaping cases was invaluable for our seasonal expansion. They coordinated the complex recruitment and certification process seamlessly.” — Carlos Rodriguez, Landscaping Company Owner

Schedule a Free Consultation

Whether you are in Washington, D.C., Florida, Colorado, North Carolina, Mexico City, Lisbon, Bangkok, or anywhere worldwide, Donald Gross Law Group is ready to assist with your H-2B temporary worker needs. Contact us today to schedule a free 30-minute consultation with an experienced H-2B lawyer to discuss your seasonal labor requirements and explore your options for temporary foreign worker authorization.te consultation to start the application process for H-2B visas for temporary workers.