Short answer: You must prove you tried—and failed—to hire U.S. workers before bringing in H-2B workers. The Basic Requirement As part of the H-2B process, you are required to test the U.S. labor market. 👉 The goal is to confirm: There are not enough able, willing, qualified, and available U.S. workers. What This Involves Your recruitment typically includes: Posting a job order with the State Workforce Agency (SWA) Running required advertisements Following instructions from t

Short answer: The cap determines whether your application moves forward at all. The Basic Rule The H-2B program is limited to: 66,000 visas per year, split into: 33,000 for Oct–March 33,000 for April–September 👉 Once those numbers are reached, no more visas are issued for that period. What This Means for You Your application isn’t just reviewed—it’s competing. If you’re selected within the cap → your case moves forward If you’re not → your case stops, even if everything else

Short answer: H-2B workers have the same core workplace protections as U.S. workers—plus a few specific guarantees. The Basics H-2B workers are protected under federal law and H-2B regulations, including 20 CFR § 655.20 . 👉 You’re not hiring “temporary labor with fewer rights. ”You’re hiring workers with defined legal protections . Key Rights H-2B workers are entitled to: Fair wages At least the prevailing wage or applicable minimum wage The 3/4 guarantee Must be offered a

Short answer: Not easily—and in most cases, no. The Basic Rule H-2B workers are tied to: A specific employer A specific petition A specific period of need 👉 You don’t have a pool of interchangeable workers. What Happens If You Lose a Worker If a worker quits or leaves: You generally cannot just replace them mid-season There is no simple “swap” process You may have to operate short-staffed Are There Any Options? In limited situations: Another worker already in the U.S. with H

Short answer: No—H-2B is a temporary visa with no direct path to a green card. The Basic Rule H-2B is strictly for temporary, non-immigrant work . 👉 It does not include a built-in path to permanent residency. Can a Worker Still Get a Green Card? Yes—but not through H-2B itself. A worker would need to qualify under a separate immigration process , such as: Employment-based sponsorship (different visa category) Family-based immigration 👉 These are completely separate from H-2

Short answer: The worker must leave the U.S. or be on a valid extension—there’s no grace period to stay and work. The Basic Rule H-2B status is tied to: A specific employer A defined period of need Once that period ends: 👉 The worker is expected to depart the U.S. unless an extension or new status is in place. What Options Exist At the end of the visa period, a worker may: Leave the U.S. (most common) Extend status (if eligible and timely filed) Change status to another

Short answer: Start early, understand the process, and be realistic about what it takes. The Big Picture H-2B is a structured, multi-step process —not a quick hiring solution. You’re dealing with: Multiple government agencies Strict timelines A limited number of visas 👉 It works—but only if you approach it correctly. What You Need to Be Ready For Advance planning You’ll need to start months before your season Defined temporary need You must clearly show why the work is not

Short answer: Yes—if you care about actually getting workers Where Employers Struggle The H-2B process is not intuitive. Most breakdowns happen with: Missing the filing window (especially January lottery) Delays between steps that stall the case Slow or incomplete responses to government notices Poor coordination between stages 👉 This is a timing problem more than anything else. What an Attorney Actually Helps With A good H-2B attorney keeps the process moving: Files at the

Short answer: It’s not easy—but it’s not impossible if it’s done right. What Makes It Difficult The challenge isn’t just the paperwork—it’s the structure of the program. There’s a cap (limited visas) Timing is strict Every step has to line up correctly 👉 You’re not just applying—you’re competing for a spot. Where Things Go Sideways Most cases don’t fail because the business “doesn’t qualify.”They fail because of execution issues: Weak or inconsistent job orders Problems duri

Short answer: 4–6 months minimum from start to worker arrival. There is no shortcut, and timing is not flexible. The Basic Timeline PWD (Prevailing Wage) → ~2–3 months Labor Certification (ETA-9142B) → ~2–3 months Includes lottery, recruitment, and possible NOD USCIS (I-129) → 15 days (premium) or 2–3 months Consulate & Entry → ~2–6 weeks What Affects Timing Lottery selection (January filings for April starts) Government processing delays Policy shifts under different ad

The H-2B “three-fourths rule” is a mandatory wage guarantee under 20 CFR § 655.20(f) . In simple terms: You must offer workers at least 75% of the hours listed in your job order . What That Means for You If you promise: 40 hours/week for 12 weeks = 480 hours You are required to offer: 360 hours (75%) If you only provide 300 hours?→ You still owe pay for the missing 60. How It’s Measured 120+ day jobs → measured in 12-week periods Shorter jobs → measured in 6-week periods You