H-2B Seasonal Staffing

The H-2B visa program allows non-agricultural employers to fill seasonal jobs when US workers aren’t available. Our end-to-end tailored filing strategy ensures workers arrive on time and that you remain legally compliant.

You qualify for H-2B if your need for workers is temporary due to one of these situations:

• Seasonal demand (like summer landscaping or winter resort work)

• A peak load requiring extra help during busy stretches

• Occasional, intermittent need

• One-time events or large contracts

The position must also be full time (35+ hours per week) and based in the US to qualify.

H-2B workers can stay up to 10 months per year. However, the visa can be shortened if your project or season ends early.

You must pay whichever rate is highest:

• The prevailing wage from the Department of Labor (DOL)

• The federal, state, or local minimum wage

All wages must be paid in full, with no kickbacks or hidden deductions.

You must pay your H-2B workers at least every two weeks, unless local law requires you to pay more often. Wages must be on-time and paid in full for each pay period.

You are allowed to deduct:

• Legally required taxes

• Court-ordered deductions

• Reasonable housing or meal costs (if optional and listed in your H-2B job order)

You may NOT deduct:

• Recruitment, attorney, or visa fees

• Kickbacks

• The cost of tools or supplies workers need to complete the job

You must provide each H-2B and US worker in the same role at least 75% of the total hours promised.

• For contracts over 120 days, calculate this in 12-week periods.

• For contracts under 120 days, calculate this in 6-week periods.

For example: 12 weeks x 40 hours = 480 hours; 480 x 75% = 360 guaranteed hours.

Yes, you must reimburse visa and border crossing fees in the employee’s first work week. You must also cover return transportation home at the end of the season or if you end employment early without cause.

Housing is not required, but any housing provided must meet all safety standards. Daily transport is required if the job site is not reasonably accessible.

You should notify DHS (USCIS or CBP) immediately if your H-2B worker:

• Fails to report within 5 days,

• Quits early,

• Is terminated, OR

• Misses 5 consecutive workdays without permission.

Early reporting protects your company and keeps your petitions in good standing.

Your workers are protected from retaliation (such as firing, blacklisting, or intimidation) if they report violations or seek help from legal or community organizations.

The H-2 Modernization Final Rule, effective January 17, 2025, includes:

• New grace periods before and after employment

• Expanded whistleblower protections

• Stronger penalties for fee violations

• Permanent portability between H-2 employers

• Clearer USCIS inspection authority