Fill your season with H-2B workers, and keep your program compliant
We are H-2B attorneys for seasonal businesses in landscaping, hospitality, restaurants, resort services and construction. We prove the season, size the request so DOL will certify it, and plan around the cap.
- Seasonal and peakload cases built on payroll and third-party data
- Headcount derived from hours, not hopes
- January lottery and July-window strategy, plus cap-exempt hires
- Compliance audits and Wage and Hour defense
How an H-2B attorney for seasonal businesses wins certification
Prove the season
Monthly payroll split into permanent and temporary staff, plus lodging-tax data, visitor reports and BLS series for your market.
Size the request
Hours actually worked or contracted, divided by a full-time week, shown in a table. In 2026, most business denials turned on headcount.
Beat the calendar
Prevailing wage requests filed early, clean filings that avoid NOD delays, and premium processing so the cap does not close on you.
H-2B in 2026-2027: harder, but workable
Employers requested roughly 160,000 workers for April 1, 2026 start dates against a 33,000 half-year cap, so DOL’s January randomization decided most outcomes. The October cycle is less crowded, but USCIS reached the first-half cap with a final receipt date of September 4, 2026. A good plan uses both windows, considers cap-exempt workers already in H-2B status, and never relies on supplemental visas alone.
Read our guide chapters on temporary need and the cap and lottery, and our restaurant headcount case study.
Frequently asked questions
How early should a seasonal business start the H-2B process?
Three to five months before the filing window. For an April 1, 2027 start, the prevailing wage request should be filed now; the labor certification is filed January 1 to 16, 2027.
Can a new business use H-2B?
Yes. Without payroll history, the case rests on signed client letters of intent and public data such as tourism-tax collections and BLS series.
What if we lose the January lottery?
You can wait for supplemental visas, refile for a later start date if your need allows, or hire workers already in H-2B status through cap-exempt changes of employer.
Do you help after the workers arrive?
Yes. We advise on wages, reimbursements, placement and separation notices, and we conduct privileged compliance audits.
Talk to an H-2B attorney about your next season
Tell us your dates and your headcount. The first consultation is free.
Attorney advertising. Testimonials reflect individual experiences; prior results do not guarantee a similar outcome. This page is general information, not legal advice, and contacting us does not create an attorney-client relationship.
