H-2B FAQs

Any U.S. employer that can demonstrate a recurring seasonal or peak load labor need and has a valid Federal ID number can participate. Examples of industries currently using this program include:

• Landscaping
• Seafood processing
• Construction
• Hospitality
• Forest and conservation workers
• Amusement parks
• Waiters and waitresses
• Janitors and cleaners

Seasonal Need: The employer must establish that the services or labor are traditionally tied to a season of the year by a temporary event or pattern that is of a recurring nature.

Peak-load Need: The employer must establish that it regularly employs permanent workers to perform the services or labor, and it needs to supplement its staff with seasonal laborers to meet a short term peak demand.

The H-2B application process typically takes 120 days to complete.  Please apply with Phoenix at least 150 days prior to your start date.

Initially, we meet with you for a consultation to determine your employment needs. After this is complete, our team will assist with:

• Obtaining a wage determination from Department of Labor based on your job duties and area of employment
• Applying for a temporary labor certification for H-2 workers with the US Department of Labor
• Filing Form I-129 with US Citizenship and Immigration Services
• Worker processing and scheduling for visa appointments with the US consulate

No, employers can only complete the H-2B process after determining that an insufficient number of US workers are available. H-2B employers are legally obligated to give preference to U.S. workers.

The U.S. Department of Labor issues a Prevailing Wage Determination based on the counties/localities in your application and the nature of job duties performed.

H-2B workers can stay for up to ten consecutive months. Longer periods of employment do not qualify for the H-2B program. There is no limit on how many years your workers can participate in the program.