Do you qualify for the H-2B visa program? Understanding the eligibility requirements can help you determine whether this international talent is the right fit for your workforce needs.
If you're struggling to fill temporary positions during your busiest seasons, you're not alone. Industries from hospitality to landscaping face chronic labor shortages that can impact service quality and bottom-line results. The H-2B visa program offers a potential solution by allowing U.S. employers to hire foreign workers for temporary non-agricultural roles.
The H-2B visa program is designed specifically for temporary employment needs. To qualify, your positions must fall into one of four categories:
Seasonal work is tied to recurring events or specific times of year. Think ski resorts that operate only during winter months or beach hotels with summer tourist seasons. The work must be traditionally linked to a season or pattern, not simply when your business chooses to operate.
Peak-load needs arise when your business requires additional staff during predictably busy periods, even though you maintain year-round operations. A tax preparation firm needing extra accountants from January through April is a classic example.
Intermittent work covers occasional projects or services that don't occur regularly. This might include specialized maintenance contracts or short-term consulting engagements.
One-time occurrence positions address rare, specific needs that won't recur, such as a single software migration project or a unique construction job.
Industries commonly utilizing H-2B workers include:
If your business operates in these sectors and experiences predictable fluctuations in staffing needs, you may be a strong candidate for the program.
Strong record-keeping sets you up for success. Maintain detailed records of work hours, wages, and deductions for at least three years and keep them easily accessible. This protects both you and your workers while ensuring smooth compliance with program requirements.
Before pursuing H-2B visa workers, conduct a thorough analysis of your workforce gaps.
The key to successful H-2B planning is anticipation. Seasonal spikes don't surprise experienced business owners, but they do require advance preparation. Map out your busy periods for the coming year and project your staffing needs accordingly. This foresight is crucial because the H-2B process requires significant lead time.
One of the most critical aspects of H-2B eligibility is demonstrating that you cannot find sufficient U.S. workers to fill your temporary positions. The Department of Labor (DOL) requires employers to obtain a temporary labor certification (PERM) before filing an H-2B petition.
This certification process isn't merely a formality. It requires genuine recruitment efforts.
The H-2B program operates on a fiscal year basis with a cap on the number of visas available. This cap—currently 66,000 annually, split between two half-year periods—means timing is everything. Many employers find themselves competing for limited visa slots, making early planning critical.
The typical timeline from start to finish spans several months.
Given these lead times, you should begin the process at least four to six months before you need workers to arrive. For seasonal businesses, this means planning well in advance of your peak period. A summer resort, for example, would typically start the process in early winter.
The H-2B visa program is capped at 66,000 visas per fiscal year, split into two allotments:
Fall/Winter (Oct 1–Mar 31): 33,000 visas
Spring/Summer (Apr 1–Sept 30): 33,000 visas
Due to high demand, visas are distributed through a random lottery.
Determining whether your business qualifies for H-2B workers requires careful evaluation of your staffing patterns, business needs, and ability to meet program requirements. If your temporary workforce needs align with the H-2B categories and you're prepared to demonstrate genuine labor shortages, this program could be your answer to persistent staffing challenges.
The H-2B process involves complex regulations and strict timelines. Partnering with experienced visa professionals can streamline your application and improve your chances of success. Vanteo and its partner immigration attorneys specialize in helping businesses navigate the H-2B visa program, from initial assessment through worker arrival.
Ready to explore whether H-2B is right for your business? Contact Vanteo for a comprehensive consultation. Our visa specialists can:
Contact Vanteo today to discuss your H-2B visa needs.
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.