The H-2B visa helps seasonal businesses hire temporary workers. Proper planning and compliance aids in meeting peak staffing needs, avoiding penalties, and building a reliable workforce for seasonal operations.
When summer arrives or peak season hits, seasonal businesses face a familiar pressure: finding enough workers to meet demand.
Beach resorts need front desk staff and housekeepers for summer tourism.
Theme parks require ride operators, food service workers, and maintenance crews.
Ski lodges scramble for hospitality staff during winter months.
Convention centers and event venues need setup crews, catering staff, and guest services personnel during peak conference seasons.
Landscapers and Golf Clubs need groundskeepers during their peak season.
For many seasonal business owners, domestic recruitment efforts come up short, leaving operations vulnerable to disruption.
The H-2B visa program offers a practical approach for temporary or seasonal staffing needs. While it provides access to qualified seasonal workers, the visa comes with stringent compliance requirements. Missing a single step—whether in job descriptions, wage calculations, or recordkeeping—can result in costly penalties, legal challenges, or damage to your employer brand.
Here's what you need to know to avoid complications and build an H-2B visa program that supports your business while meeting all legal requirements. (Download our free employer assessment to see if you qualify!)
The H-2B visa allows U.S. employers to bring international workers into the country for temporary, non-agricultural jobs. This can serve critical staffing needs across multiple sectors, including:
To qualify, positions must be genuinely temporary or seasonal. Seasonal work is tied to specific times of year, such as summer tourism at beach resorts, winter operations at ski lodges, or fall harvest festivals. Temporary work includes one-time occurrences (hosting a major conference), intermittent needs (weekend event staffing), or peak load situations (holiday rush periods) with a defined end date.
For a deeper dive into, read What is the H-2B Visa? A Guide for Seasonal Employers.
Before hiring H-2B visa workers, you must obtain permanent labor certification, demonstrating that qualified U.S. workers were unavailable for the positions. This means advertising job openings domestically and documenting every recruitment effort.
Effective recruitment documentation calls for maintaining detailed records of all applications received and specific, legitimate reasons why candidates weren't hired.
H-2B workers must receive the prevailing wage for their occupation and location. This wage rate ensures that international workers aren't undercutting local labor markets.
Obtain the applicable prevailing wage determination for each specific job and ensure every paycheck meets or exceeds that amount. The same wage must apply to any U.S. workers performing substantially similar work, with no exceptions.
Once hired, H-2B temporary employees must receive the same treatment as U.S. workers in comparable roles. This includes:
In settings where employee perks are common, H-2B workers must receive identical benefits. Discriminatory practices based on immigration status violate federal law and expose your business to significant liability.
Meticulous recordkeeping is mandatory. Maintain comprehensive documentation of:
These records serve as your compliance defense if questioned by the Department of Labor or other agencies. For multi-location operations (resort chains, retail stores, etc.), maintain separate documentation for each location.
To stay compliant, consider working with an experienced visa partner for smoother visa processing and reduced legal and operational risk.
While regulations do not mandate housing provisions for most H-2B workers, the practical reality is that workers often require housing assistance. Those relocating to resort towns, theme park areas, or construction sites typically lack the resources and local connections to arrange independent housing.
Should you elect to provide complimentary housing or charge workers rent, all specific terms and conditions must be clearly disclosed in both your job order and application materials, including:
Transportation requirements for H-2B focus on getting international workers to and from the U.S., not daily commutes. Required reimbursements:
Tip: Many successful H-2B programs include daily shuttle services as part of their housing package. While not legally required, this practical support improves worker satisfaction, reduces tardiness, and prevents transportation-related job abandonment.
Many program violations stem from preventable errors. Some issues may include:
Wage and Hour Violations
Documentation Failures
Housing Problems
Unequal Treatment
Penalties for violations range from financial fines to debarment from the H-2B visa program entirely. Beyond formal sanctions, compliance failures damage your business reputation and complicate future hiring efforts. Partnering with visa specialists can help you avoid these common errors.
The H-2B program's complexity, combined with the operational demands of running your businesses during peak season, makes professional support a practical approach. To avoid penalties, consider working with visa program experts experienced in managing H-2B. The professional support can help you:
A well-managed H-2B visa program can deliver tangible business value for seasonal operations:
When seasonal workers feel valued and supported, they’re more likely to return year after year. Helping make future seasons run more smoothly.
H-2B visa compliance requires careful planning, attention to detail, and consistent management. The regulations are complex, but they're navigable with the right preparation and support.
Don't wait until you're facing a labor crisis to explore H-2B options. The most successful programs begin with strategic planning months before workers arrive. This forward planning is especially critical given the tight seasonal windows and competitive pressure for limited H-2B visa allocations.
Whether you operate a beach resort preparing for summer guests, a golf club gearing up for peak season, a ski lodge planning for winter operations, or a landscaper preparing for the spring and summer, a well-designed H-2B program can provide the reliable workforce you need.
The difference between a compliance headache and a strategic advantage often comes down to preparation, professional guidance, and consistent management throughout the process.
Contact Vanteo to ensure you navigate every requirement correctly and set your business up for long-term success in hiring and managing international seasonal workers.
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.
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.