The H-2B process for employers
Understand the agency sequence, the standard filing window, and the responsibilities that stay with your business. Your first date of need shapes the plan; approval and arrival dates are not guaranteed.
Five stages, each with its own timing
01 · Before the labor application
Obtain a prevailing wage determination
DOL National Prevailing Wage Center · ETA-9141
Define the duties, requirements, dates, and work locations. Request and obtain the prevailing wage determination before filing the H-2B labor application. DOL encourages requesting it at least 60 days before it is needed. Published wage data can help with budgeting but do not replace the determination for your case.
02 · Standard window: 75 to 90 days before the date of need
Submit the job order and labor application
State Workforce Agency and DOL · ETA-9142B
Submit the job order to the relevant State Workforce Agency and the labor application with supporting documents to DOL. Confirm that the job terms, work locations, temporary-need explanation, and valid wage determination agree. Special procedures or exceptions require individual review; do not assume a late application is available.
03 · Following DOL instructions
Recruit U.S. workers and complete the labor-certification stage
DOL and the employer
Follow the Notice of Acceptance and other agency instructions for recruitment. Consider qualified U.S. applicants, keep complete contact and hiring records, and prepare the required recruitment report. DOL reviews the case and decides whether to issue temporary labor certification. Certification is not a visa allocation.
04 · After labor certification
Submit the employer’s petition
USCIS · I-129
The employer submits the petition with the certified labor application and required supporting materials. Check the current form instructions, filing fees, and cap rules. USCIS makes its own decision. A receipt, labor certification, or service engagement does not guarantee petition approval or a cap number.
05 · After petition approval, as applicable
Complete visa processing and plan arrival
Department of State and U.S. Customs and Border Protection
Workers who need visas follow the applicable consular process. Appointment availability and individual review can affect travel. A visa does not guarantee admission at the border. Confirm authorization, start dates, onboarding, and employer obligations before workers begin employment.
Check H-2B cap availability
Availability depends on the filing period and applicable rules. Confirm current USCIS notices before making decisions about your season.
View official USCIS cap status →Your responsibilities as the employer
Wages and job terms
Budget for the required wage and applicable minimum wages, hours, overtime where required, and the terms of the certified job. Review duties or worksite changes before implementing them.
Recruitment and worker protections
Follow U.S. recruitment requirements and protections for covered workers. Prohibited recruitment charges cannot become part of your worker-cost plan.
Hours, travel, and reimbursements
Review the applicable job-hours guarantee, transportation, subsistence, and visa-cost rules for your case. Payment timing and exceptions matter; these costs are separate from our consulting fee.
Records through the season
Keep the job order, recruitment evidence, payroll, hours, notices, and supporting documents in an organized case record. Ask about retention periods and reporting requirements before the season starts.
Official employer-obligation and worker-rights guidance
Prepare your details for a first consultation →Your agent of record. Your business stays in control.
Connecting Labor USA is a consulting firm, not a law firm. We coordinate filings and the case calendar. You remain the employer and sign as the petitioner. Matters needing an attorney are handled by counsel under a separate engagement.
Explore the detailed H-2B process →Let’s map out your next season.
Tell us when you need workers, how many you need, and where they’ll work. We’ll discuss fit, timing, costs, and the next step.