Hire International Workers: A Construction Company's Guide to EB-3 & H-2B Visas

How can construction companies hire international workers without compliance risk? Construction employers can use EB-3 visas for permanent support roles and H-2B visas for temporary labor needs. Success depends on accurate job classification, prevailing wage compliance, proper documentation, and advance planning.

Associated Builders and Contractors estimates the construction industry must add 349,000 net new workers in 2026 and 456,000 in 2027 to keep pace with demand, as construction spending growth is expected to resume after several years of slowdown.

These construction labor shortages shape strategic decision-making across the industry. Project timelines, labor costs, and retention rates directly influence execution and profitability. At the same time, traditional hiring channels often fail to supply enough qualified candidates for support and entry-level roles that keep jobsites operating efficiently.

Many construction leaders see international labor as a viable option for these labor struggles. Some are less certain about navigating the compliance requirements that accompany it. Visa programs can appear complex or time-intensive, particularly without clear guidance. When challenges arise, they are typically tied to execution rather than the programs themselves.

The EB-3 visa and H-2B visa programs are established workforce tools. When structured correctly, they provide labor stability, predictability, and scale. When structured poorly, they create audits, delays, and legal exposure.

This article serves as a practical playbook. It explains how construction employers can use EB-3 visas to build a long-term workforce foundation and H-2B visas to manage temporary or project-based demand. It walks through compliance requirements, common failure points, and on-the-ground execution considerations. The goal is straightforward. Stable labor without regulatory headaches.

EB-3 & H-2B Visas: Understand Your Two Construction Labor Tools

EB-3 Unskilled Workers: Your Long-Term Foundation

The EB-3 “Other Workers” category permits U.S. employers to hire international talent for permanent roles requiring less than two years of training or experience—when U.S. talent is not available. For construction employers, this makes it well-suited to support and entry-level positions that are difficult to fill consistently through domestic hiring.

Common construction applications for EB-3 include:

• General laborers
• Material handlers
• Entry-level equipment operators
• Site support roles

These positions are essential to productivity yet often experience the highest turnover.

The strategic value of EB-3 lies in permanence. Workers are hired for long-term roles, allowing employers to invest in training, safety, and skill development over time. This continuity reduces churn and stabilizes crews across multiple projects.

Employers must be realistic about timing. EB-3 is a multi-year process, typically three to five years from initial filing to work authorization. It is not a short-term fix. It’s a workforce infrastructure.

“EB-3 is a long-term workforce strategy that rewards employers who plan ahead and treat compliance as an operational function.”

Tom Kilby

VP of Business Development, BDV Solutions, a Vanteo Company

H-2B Temporary Workers: Your Flexibility Layer

The H-2B program allows employers to hire temporary foreign workers for seasonal, peak-load, or project-specific needs. In construction, this often aligns with known-duration projects, regional demand spikes, or specialized short-term work.

H-2B provides controlled flexibility. Employers can scale labor up and down without adding permanent overhead. The tradeoff is planning. Each H-2B cycle requires six to eight months of advance preparation, and the program is subject to an annual cap.

When to Use Which Visa: EB-3 vs. H-2B for Construction

Use EB-3 for permanent, ongoing labor needs that support your core operations. Use H-2B for defined temporary demand. Many successful construction firms use both, layering stability and flexibility into a single workforce strategy.

The Compliance Landscape: EB-3 & H-2B Requirements

EB-3 Requirements and Obligations

Department of Labor (DOL)

The EB-3 process begins with PERM labor certification. Employers must obtain a prevailing wage determination and demonstrate that no able, willing, and qualified U.S. workers are available for the role.

A PERM certification is achieved through a recruitment process dictated by the DOL that includes advertising the position to U.S. workers. Recruitment follows strict standards, with detailed documentation retained.

Prevailing wage accuracy is critical. Understating wages or misaligning job duties invites scrutiny and denial. The DOL reviews wage offers against established market rates for similar positions in the geographic area. If the offered wage is lower than the prevailing wage, or if the job duties described do not accurately reflect the skill level associated with the prevailing wage, it suggests an attempt to circumvent U.S. worker protections or reduce labor costs unfairly.

Department of Labor audits are largely randomized, however, such discrepancies can lead to a complex audit, a request for evidence, or outright denial of the PERM application, causing significant delays or termination of the sponsorship process.

USCIS

After PERM approval, employers file Form I-140. This stage focuses heavily on the employer’s ability to pay the offered wage and the consistency of job requirements. Financial documentation and position stability matter.

This is typically demonstrated through tax returns, audited financial statements, and detailed organizational charts that confirm the employer's financial health and the ongoing need for the position.

Ongoing Obligations

Employer commitments extend beyond the initial approval. Employers must pay the wage specified in the PERM application, ensuring it meets or exceeds the prevailing wage for the duration of employment.

Any significant changes to job duties or responsibilities must be carefully evaluated to ensure they remain consistent with the original petition, as deviations can trigger compliance issues.

Furthermore, meticulous record-keeping is paramount. Employers are required to maintain comprehensive documentation, including recruitment efforts, wage payment records, hours worked, and I-9 forms, for several years. These records serve as crucial evidence of compliance during potential audits or investigations by the Department of Labor or USCIS, making their accurate and accessible retention a critical aspect of the EB-3 program.

H-2B Requirements and Obligations

Department of Labor

H-2B requires proof of temporary need and payment of the prevailing wage. The temporary need must fall into one of four categories: seasonal, peak-load, intermittent, or one-time, ensuring the employment is not permanent. Employers recruit U.S. workers first to demonstrate that no qualified domestic workers are available for the positions, a crucial step in protecting domestic labor. Additionally, employers must comply with the annual cap of 66,000 visas, split by fiscal half-year, making early planning essential due to the program's competitive nature.

USCIS

Form I-129 filings demonstrate a valid employer-employee relationship and a legitimate temporary need. This involves providing evidence such as contracts, payroll records, and detailed descriptions of the temporary work to be performed, ensuring the employer is responsible for the worker, and the job is truly non-permanent. Housing (if necessary), transportation, and worker protection obligations are mandatory.

Ongoing Obligations

Throughout the assignment, employers must assign workers at least 75% of the total work hours specified in the job order, maintain accurate job duties, and cover return transportation costs. These stipulations are crucial for protecting temporary foreign workers from potential exploitation and ensuring the program's integrity. Failure to adhere can lead to penalties and future disqualification from the H-2B program.

International candidates make a significant commitment to work in the United States, which often translates into strong motivation, reliability, and long-term retention in their roles.

Build Your International Worker Infrastructure

Before You Sponsor an International Worker

To develop your compliance infrastructure, start with an internal audit. Confirm wage stability and ability to pay, then review job descriptions for accuracy and alignment with visa classifications. Establish document retention systems before filing begins. 

Structure the Sponsorship Process

For EB-3, this includes:

• Position analysis: Defining the specific job duties, minimum requirements, and educational or experience levels for the permanent role.
• Prevailing wage filing: Obtaining a determination from the Department of Labor (DOL) for the fair market wage for the position in the specific geographic area.
• Recruitment: Conducting a rigorous recruitment process to demonstrate that no qualified U.S. workers are available for the position, as mandated by the DOL.
• PERM submission: Filing the Labor Certification Application (Form ETA-9089) with the DOL, attesting to the recruitment efforts and the unavailability of U.S. workers.
• I-140 filing: Submitting the Immigrant Petition for Alien Worker (Form I-140) to USCIS, demonstrating the employer's ability to pay the offered wage and the legitimacy of the permanent job offer.
• Worker onboarding: Managing the arrival, initial setup, and training of workers, including housing (if applicable), transportation (if applicable), and orientation to job site safety and duties.

Download our handy EB-3 Visa Checklist to help you stay on track during the process.

For H-2B, it includes:

• Temporary need documentation: Clearly demonstrating that the job is temporary and falls into one of the four categories: seasonal, peak-load, intermittent, or one-time. (Use our free H-2B Employer Self-Assessment checklist to be sure your qualify.)
• Wage determination: Obtaining a prevailing wage determination from the DOL for the temporary position.
• U.S. recruitment: Conducting efforts to recruit U.S. workers for the temporary positions to ensure no qualified domestic labor is available.
• Worker onboarding: Managing the arrival, initial setup, and integration of temporary workers, including housing (if applicable), transportation, and orientation to job site safety and duties.

Integration and Onboarding

Effective onboarding includes:

• Comprehensive safety training tailored to construction site hazards.
• Detailed wage tracking to ensure accurate and timely payment in accordance with prevailing wage determinations.
• Cultural orientation to help workers adapt to U.S. workplace norms and community resources.

Compliance does not end with approval. It’s an ongoing commitment that continues on the job site through consistent monitoring of working conditions, adherence to approved job duties, and maintaining a supportive and compliant work environment.

Working with an experienced visa partner helps reduce program friction and mitigate most risks.

“When H-2B is integrated into workforce planning and project timelines, it delivers controlled flexibility and predictable labor coverage without the uncertainty of undocumented labor. When it is treated as a last-minute solution, outcomes become less reliable.”

Dana Deree

President of Arkansas Global Connect, a Vanteo company

Practical Execution: Implement Your International Worker Program

Implementing an international worker program requires careful consideration of several factors.

• Effective execution starts with backward planning from project needs. Build in time for possible processing delays. Coordinate filings when scaling across projects.
• Internal alignment is important. Human resources typically manages compliance, while project leaders manage integration. Clear ownership prevents gaps.
• Get the right kind of help. Immigration counsel, visa processing firms, and workforce partners offer different services. Vanteo operates as a full-service, end-to-end visa processing firm, supporting employers from strategy through execution.

Build a Sustainable International Workforce Strategy

To ensure the long-term success and adaptability of your international workforce program, it's crucial to establish a system for tracking key performance indicators. Monitoring these metrics provides invaluable insights into the effectiveness of your strategy, allowing for data-driven adjustments and continuous improvement.

Here are the essential metrics to track and why they are critical for a sustainable international workforce strategy:

• Retention: Monitoring the percentage of international workers who remain with your company over specific periods (e.g., 6 months, 1 year, 3 years) is vital. High retention rates signify a positive work environment, effective onboarding, and successful integration, leading to a more experienced and stable workforce. It also reduces the significant costs associated with recruitment and training new hires.
• Compliance incidents: This metric involves tracking any instances of non-compliance with visa regulations, labor laws, or internal policies. This includes audits, penalties, or legal challenges related to prevailing wages, job duties, or worker protections. A low number of compliance incidents demonstrates the integrity of your program and mitigates legal and financial risks, ensuring the sustainability and reputation of your international hiring efforts.
• Cost per placement: This metric calculates the total expenses incurred to recruit and onboard a single international worker, including visa processing fees, recruitment costs, travel, and initial training. Understanding your cost per placement helps optimize your budget, identify cost-saving opportunities, and evaluate the return on investment for different recruitment channels and visa programs.

By diligently tracking and analyzing these metrics, construction employers can gain clarity on their workforce strategy, proactively address challenges, and make informed decisions to build a resilient and compliant international labor force.

Download The Complete H-2A Visa and H-2B Visa Guide for Employers: Building Your Seasonal Workforce, a free, practical guide to securing reliable workers for your peak production periods.

Common Visa Failure Points and How to Avoid Them

Most visa program violations are avoidable. Some issues may include:

• Employers often understate skill requirements or mislabel temporary roles. Accurate job analysis prevents this.
• Wage compliance gaps create unnecessary exposure. Automated systems and routine audits mitigate risk.
• Documentation failures are preventable. Centralized records, compliance calendars, and internal audits are essential.
• Job duty drift undermines petitions. Supervisors need to understand the limits of approved roles.

H-2B-specific pitfalls include:

• Missed cap deadlines can be avoided by applying immediately to USCIS as soon as you receive DOL certification, monitor cap count updates, or use returning workers.
• Transportation or housing (if required) missteps can be prevented by clearly disclosing specific terms and conditions in both your job order and application materials.
• Failure to meet hour guarantees is avoided by the employer guaranteeing enough work so that each worker is offered at least 75% of the expected workdays.

EB-3 pitfalls often involve inability to prove ability to pay or premature position changes.

Working with an experienced, full-service partner in navigating sponsorship and global team building makes connecting with international talent more straightforward and stress-free.

Achieve Workforce Stability in Construction

International hiring with EB-3 and H-2B visas can shore up your workforce infrastructure. When compliance is treated as a discipline, not a burden, stability follows. 

Construction employers that plan early, classify roles accurately, and invest in execution gain a durable advantage. Labor shortages become manageable, and projects move forward. 

Contact Vanteo to schedule a free consultation and we’ll help you build your compliant, scalable construction workforce.

About Vanteo
Vanteo serves as the parent company for a comprehensive family of brands specializing in workforce solutions, cultural exchange programs, and process management, each benefiting from our integrated approach.

Permanent Workers
BDV Solutions (BDV) operates as our EB-3 permanent residence visa specialist, focusing on long-term workforce solutions for organizations seeking to build lasting international talent partnerships. BDV handles the complex process of securing permanent residence visas for essential workers across various industries.

Seasonal Workers
Arkansas Global Connect (AGC) serves as our H-2A and H-2B seasonal workforce specialist, providing expertise in agricultural and non-agricultural temporary worker programs. AGC is Clearview Certified for ethical recruitment and manages the seasonal talent pipeline for industries including agriculture, hospitality, landscaping, and manufacturing.

Vanteo is not a law firm, and this information should not be considered legal advice. Participation in U.S. visa programs is subject to eligibility, regulatory requirements, and government approval. Past performance does not guarantee future outcomes.