What Is Seasonal Work, and Does Your Business Qualify?

Have you been hearing the term “seasonal work” going around? If you’ve been asking yourself, “What is seasonal work?” you may also be wondering if your business qualifies for it. 

In this article, we’ll share more about what seasonal work is, who qualifies, and how seasonal workers can support your workforce, so you can take the right next steps. 

What Is Seasonal Work?

Seasonal work is employment tied to a recurring pattern or event during the year. As a US employer, you may find that you need additional labor during a certain period, which then decreases when the period ends. 

For example, a landscaping company may need significantly larger crews during the spring and summer, or a resort needs more housekeepers and cooks during a busy tourism season. 

The key with qualifying for seasonal work is that it follows a predictable pattern. Even though your business operates all year, your need for additional workers has to be temporary and tied to a set period each year. If the same level of labor is needed year-round, it’s not considered seasonal work. 

What Is Seasonal Work Under the H-2B Program?

The H-2B program allows qualifying US employers to hire temporary foreign workers for nonagricultural jobs when there aren’t enough qualified, willing, and available US workers.

Under this program, you must establish a temporary need for labor. Seasonal need is one qualifying category, but there are also several others, including:

• Peak load need

• Intermittent need

• One-time occurrence

Choosing the right category of need helps explain your specific business situation. A US employer that needs temporary help during an unusually busy period may have a peak load need, rather than a seasonal one. 

Ultimately, the right classification for your needs depends on your business’s:

• Staffing history

• Payroll records

• Workload

• Revenue patterns

• Contracts

• Dates of need

How Do I Know If My Business Qualifies for Seasonal Work?

To determine if your business qualifies for seasonal workers, start by looking beyond your current labor shortage. The government isn’t only asking if you need workers, they also need to determine if that need is temporary. 

Ask yourself these questions:

• Does your demand rise during approximately the same months each year?

• Does your need for additional workers end when the busy period ends?

• Do payroll records show a recurring increase and decrease in staffing?

• Are the requested positions full-time during the temporary period?

• Can you explain why the additional employees aren’t needed year-round?

• Have you struggled to find enough qualified and available U.S. workers?

• Do your contracts, revenue, bookings, or project schedules support the dates requested?

If you’ve answered yes to many of these questions, you may be eligible for seasonal workers. However, full eligibility depends on additional factors. 

What Documents Can Help Prove Seasonal Work?

If you decide to apply for the H-2B program, your documentation should tell a consistent story about your temporary labor need. Some evidence that can help tell that story includes:

• Payroll summaries: Payroll records can show when staffing levels rise and fall across multiple years. A repeating increase during similar months may help support a seasonal pattern.

• Revenue records: Monthly or quarterly revenue reports may demonstrate that business activity increases significantly during a defined period. These records are particularly useful when revenue closely follows the employer’s labor demand.

• Contracts and project schedules: Signed customer agreements, construction schedules, service contracts, reservations, or bookings may show why additional workers are needed during specific dates.

• Historical staffing records: Prior hiring data can help establish that the company has consistently required extra workers during the same part of the year.

• Workload and production reports: Records showing project volume, service calls, units produced, or properties maintained may connect staffing levels to actual operational demand.

No single document automatically proves seasonal need. A strong case will take several types of evidence to support the same explanation to the government. 

Why Early Planning for Seasonal Work Is Important

Many US employers don’t start thinking about seasonal workers until the season is already approaching. But by that point, it’s often too late to complete the process comfortably. Additionally, there’s only a set number of visas available per season that multiple employers are competing for. 

Early planning gives you plenty of time to:

• Evaluate the correct temporary need category

• Review prior payroll and staffing patterns

• Request a prevailing wage

• Prepare accurate job descriptions

• Complete required recruitment

• Address inconsistencies before filing

• Plan around the annual H-2B cap

Because visas are limited and the demand is high, careful preparation is key to a successful season. 

Does Your Business Have a Qualifying Seasonal Need?

So, what is seasonal work? It’s connected to an employer’s temporary and recurring increase in labor during a certain time of year. If your company faces predictable staffing shortages during the same period each year, the H-2B program may offer a valuable workforce solution.

At Youngblood & Associates, our team of expert immigration attorneys can evaluate your business needs and help determine if you may qualify for H-2B workers. Schedule a consultation today to discuss your seasonal workforce needs and begin planning before your next busy season. 

Seasonal Work FAQ

Is seasonal work the same as temporary work?

Seasonal work is one type of temporary work, but the terms aren’t always interchangeable. Under the H-2B program, temporary need may also be classified as peak load, intermittent, or a one-time occurrence. Employers should select the category that most accurately reflects their operations.

How long can seasonal work last under H-2B?

The approved length of seasonal work depends on the employer’s documented temporary need and applicable program rules. Except in qualifying one-time occurrence cases, the Department of Labor generally limits seasonal, peak load, and intermittent H-2B needs to nine months or less. Employers should request only the dates they can support with business records.

What proof does a business need for seasonal work?

Proof of seasonal work may include payroll summaries, historical staffing records, revenue reports, project schedules, contracts, reservations, or production data. The best evidence shows a recurring increase in workload and a corresponding temporary need for additional employees. All records should support a consistent start date, end date, and staffing level.