What is the H-2B Program?
A type of work visa program for employers that have a seasonal or temporary need for laborers.
How can I qualify?
You must prove to the Departments of Labor and Homeland Security that you have a seasonal or temporary need for workers. Usually payroll records, contractual agreements, monthly sales and/or other compelling proof can be used to justify your seasonal need and number of workers you can request.
How long does it take?
The entire process typically takes between 5 and 6 months. Contact us to see if you qualify and to start planning for your upcoming season.
Do I have to recruit local, U.S. workers?
Yes. An H-2B employer must attempt to hire local, U.S. workers prior to hiring H-2B workers. The employer undergoes an active 15-day recruitment period to determine whether there are enough willing, able and available U.S. workers. Based on your recruitment results, the Department of Labor determines the number of H-2B workers you are qualified to bring.
What are my obligations?
Generally speaking, an H-2B employer must comply with the Fair Labor Standards Act (FLSA) and offer the same or better wages and working conditions to U.S. workers as it does to H-2B workers.
Additionally, there are program-specific requirements, such as offering the established prevailing wage for the job opportunity and guaranteeing 3/4 of the work contract, that you can find here:
Do I have to provide housing and daily transportation?
No. However, it is to your benefit to help workers get settled so that they can be fully productive once the job starts.
Can I choose my workers?
Yes. If you have workers foreign workers in mind that are eligible for the program, we can assess whether they are eligible for the program. All visa holders are vetted through the Department of State.
How much does it cost?
U.S. Citizenship and Immigration Services charges a fee of $2110 per petition and the Department of State charges $205/worker processed abroad. For their services, immigration firms and agencies charge anywhere from $4,000 to upwards of $12,000 per petition, and processing services abroad charge anywhere from $75 to $500 per worker to be processed.
Keep in mind that the return-on-investment makes these fees more palpable, as employers report on average a 30% increase in revenue per season with a secure H-2B workforce.
Contact us to find out about our competitive fees.
What is the H2-B "cap"?
An annual cap or limit of 66,000 H-2B visas. Since employers request much more visas than are available each year, two lotteries are held each year, covering 33,000 visas each. The first, for jobs that start on October 1st and the second, for jobs that start on April 1st of each year.
If you do not make the cap, there may be some other options to secure your H-2B workforce – one being to apply for supplemental visas that are typically released during the fiscal year. Contact us to find out more about available options.