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 the Department of...

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 is perfect The...

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 at least 75% of...