Frequently Asked Questions
Direct answers for U.S. employers navigating the labor crisis. We address common concerns to help you manage your H-2B workforce with confidence.
Common H-2B Employer FAQ
Eligibility Questions
Who qualifies as an H-2B employer?
Any U.S. employer with a seasonal, peak-load, intermittent, or one-time labor need that cannot be fulfilled by domestic workers is eligible to apply for the H-2B program.
What are the worker eligibility criteria?
Workers must be from a country designated as H-2B eligible by the DHS. They must also have a valid passport and no prior violations of U.S. immigration law.
Is there a limit on H-2B visas issued?
Yes, there is an annual statutory cap of 66,000 visas, split between the first and second halves of the fiscal year. Strategic timing is critical for success.
How long can a worker stay on H-2B?
An employer is limited to the season set forth on the H-2B temporary labor application, up to 10 months currently. On the worker specific side, a worker may be in H-2B status continuously for up to 3 years. After 3 years the worker must depart for at least 60 days to reset their H-time. This is relevant for workers that change employers in the US between seasons. It is important to note the difference between an employer's duration and the worker's individual eligibility.
Process & Documentation FAQ
What is the average processing time for H-2B?
The process typically takes 120 to 150 days. It begins with a prevailing wage request at the DOL, followed by recruitment, labor certification, and the final USCIS petition. Employers should ideally start the strategy phase 6 months before the date of need.
What documentation is required from the employer?
Employers must provide proof of temporary need (seasonal, peak-load, or intermittent), a valid FEIN, and detailed job descriptions. We also require documentation of past recruitment efforts and financial capacity to pay the prevailing wage as determined by the DOL.
How are H-2B visa caps managed?
The H-2B program has a statutory numerical limit of 66,000 visas per fiscal year. We track cap availability closely and strategize filing dates to maximize the chance of selection, including utilizing supplemental cap allocations when released by DHS.
Compliance & Post-Approval Questions
What happens if there's a delay in USCIS processing?
We proactively monitor USCIS processing times and can utilize Premium Processing to guarantee a 15-day response, ensuring your workers arrive on schedule.
How do we ensure compliance with DOL regulations?
Contigo provides full audit file preparation and ongoing compliance monitoring. We handle all public disclosure and recruitment reporting to prevent regulatory issues.
Are we liable for worker housing costs?
For H-2B, housing isn't required but highly encouraged to secure labor. We advise on cost-sharing models that align with FLSA and DOL wage requirements.
Can workers transition to other visa types?
Yes, we offer strategic pathways to transition high-performing seasonal workers into permanent EB-3 skilled labor programs for year-round reliability.
Still Have Questions?
Speak directly with an H-2B labor expert to ensure your seasonal workforce strategy is compliant and secure.