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“Can I bring in seasonal workers on H-2B?” Possibly, if your need for the extra hands is truly temporary and you start early enough. H-2B is the federal program that lets a US employer hire foreign workers for temporary non-farm jobs. It is not quick and it is not cheap, and lately far more jobs have been requested than there are visas. This article lays out who uses it, the steps in order, the cap and how the first-day filing is randomized, what you must pay, and the date to start if you want crews on April 1.

Who uses it

Landscaping is the program’s biggest user by far. The Department of Labor’s statistics for the first half of fiscal year 2026 (data as of March 31, 2026) show 137,838 H-2B positions certified, and 70,287 of them, 51.0%, were for landscaping and groundskeeping workers. Forest and conservation workers and construction laborers are also on that top-ten list. If you run a landscaping business with a crew that grows from spring to fall, your occupation is the one that uses this program most, and a tree service company is among the ten employers on the same report with the most positions certified.

The test is the need, not the job. Under 20 CFR §655.6, the employer must show that its need for the work is temporary, “regardless of whether the underlying job is permanent or temporary,” and the need must be one of four kinds: a one-time occurrence, a seasonal need, a peakload need or an intermittent need. Say a landscaper’s crew grows every April and shrinks every November: that pattern is what the application would document as a seasonal need. A crew you need all year round does not fit any of the four.

The steps, in order

  1. Prevailing wage determination. The Labor Department’s National Prevailing Wage Center sets the minimum wage you must offer for the job in your area. Its H-2B page says to request it at least 60 calendar days before you need it. You must have it before you file the job order (§655.10(c)).
  2. The application and the job order. You file Form ETA-9142B with the National Processing Center and the same job order with your State Workforce Agency. Under §655.15(b), the application must be filed no more than 90 and no less than 75 calendar days before your date of need.
  3. Acceptance. If the application is complete, the certifying officer sends a Notice of Acceptance within 7 business days of receiving it; if not, a Notice of Deficiency, and you get 10 business days to fix it.
  4. Recruiting US workers. Within 14 calendar days of the Notice of Acceptance, you recruit. You must contact your former US workers in that job from the previous year (except those dismissed for cause or who walked off) and invite them back (§655.43), post the job where your employees will see it for 15 consecutive business days (or notify their union, if they have one), and keep taking US applicants until 21 days before the date of need. Any US applicant who is qualified and available must be hired (§655.40(e)).
  5. Certification, then USCIS. With the certification in hand, you file Form I-129 with US Citizenship and Immigration Services, which counts petitions against the cap.
  6. Visas and travel. The workers then apply for visas abroad and travel to you.

The cap, and why the first three days matter

Congress caps H-2B at 66,000 a fiscal year, according to USCIS: 33,000 for workers who start between October 1 and March 31, and 33,000 for those who start between April 1 and September 30. Numbers left over from the first half can be used in the second; nothing carries into the next year. Generally, a worker already in the US in H-2B status who extends a stay or changes employers is not subject to the cap, nor is one already counted against it in the same fiscal year whom the employer names on the petition.

Because the filing window opens 90 days before the date of need, employers who want workers on April 1 file as close to January 1 as they can. The Labor Department processes the applications filed in the first three calendar days in a random order, sorting them into assignment groups. Its announcements give the scale. For an April 1, 2026 start, 10,062 applications for 162,603 worker positions were filed from January 1 to 3, 2026, and Assignment Group A alone held enough positions to reach the 33,000 half-year allotment. For an October 1, 2026 start, filed July 3 to 5, 2026, there were 2,625 applications for 51,158 positions, split into Group A (1,881 cases) and Group B (744 cases), with Group A again enough to reach 33,000.

The USCIS side moves just as fast. On September 11, 2026, USCIS announced it had received enough petitions to reach the cap for the first half of fiscal year 2027: September 4, 2026 was the final receipt date for cap-subject petitions asking for a start date before April 1, 2027. The second half’s 33,000, for workers starting April 1, 2027 or later, is a separate count.

Sometimes there are extra visas. For fiscal year 2026, a temporary rule added 64,716, of which 46,226 were limited to returning workers who held H-2B status in one of the three prior fiscal years, and every employer using them had to attest that it is suffering, or will suffer, irreparable harm without the workers. USCIS set September 15, 2026 as the last day it would accept petitions under that rule, or sooner if an allocation’s final filing date passed or its numbers ran out. Extra visas are set year by year, if at all, so do not plan a season around them.

The wage and the other promises

Signing the application commits you to the obligations in §655.20. The ones that cost money:

  • The wage. At least the highest of the prevailing wage and the federal, state and local minimum wage, paid “free and clear” for the whole period. Without a union contract or an acceptable survey, the prevailing wage is the mean wage for the job in your area from the Bureau of Labor Statistics’ occupational wage survey (§655.10(b)). You must pay that rate to your US workers doing the same work too (§655.10(a)).
  • The three-fourths guarantee. You must offer each worker at least three-fourths of the hours in the job order over each 12-week period (each 6-week period if the job lasts under 120 days). A slow, rainy spring does not by itself cut what you owe.
  • Travel. You provide or reimburse the trip in, with daily subsistence, once the worker completes 50 percent of the period in the job order, and you pay the trip home if the worker finishes the period, or you dismiss him early, and he has no next H-2B job lined up. The rule adds that the Fair Labor Standards Act applies on its own, so talk to your advisor about the first week’s pay.
  • Visa fees. You pay or reimburse, in the first workweek, the visa, visa processing, border crossing and related fees, but not passport costs.
  • Tools. All tools, supplies and equipment the job needs, with no charge or deposit.
  • No fees from workers. Neither you nor your agent or recruiter may take any payment from a worker for the certification or the job, and your contract with any recruiter must say so in the words §655.20(p) prescribes.

The filing fees

USCIS fees on Form G-1055 (edition 10/16/26) for an H-2B Form I-129 filed on paper:

FeeRegular employerSmall employer
I-129, named workers (up to 25 per petition)$1,080$540
I-129, unnamed workers (no limit per petition)$580$460
Fraud Prevention and Detection fee (H-2B)$150$150
Asylum Program Fee$600$300

The I-129 instructions define a small employer as one with 25 or fewer full-time equivalent employees in the US, counting affiliates and subsidiaries. Online filing, $50 cheaper for a regular employer and the same price for a small one, is available only for cap-exempt H-2B petitions. So, as an example, a landscaper with 12 full-time employees filing one petition for unnamed workers would pay $460, $150 and $300: $910 in USCIS fees before any travel, visa or wage cost, and before an attorney or agent if one is used.

When to start

Work backward from the first day you need the crew. For April 1, 2027:

  • Now, in the fall: decide the number of workers, the dates and the job duties, and gather what shows the need is seasonal (past payroll by month helps).
  • By early November 2026: request the prevailing wage, at least 60 days before you need it.
  • January 1, 2027: the first day the application can be filed (90 days before April 1), and the start of the randomized window.
  • January into February: acceptance, 14 days of recruiting, the recruitment report, then certification.
  • As soon as certified: the I-129, then visas and travel.

Keep recruiting at home the whole time. The same steps that test the US labor market are a decent hiring push on their own, and where to find tradespeople lists the free channels worth working while the paperwork moves. If your application lands outside the group that fills the cap, those are the hires that run your season.

General information, not legal or tax advice. Rules change and vary by state; check with the agency named above or a professional for your situation.

Sources

  1. H-2B Program, U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification (accessed October 22, 2026)
  2. 20 CFR Part 655, Subpart A, Labor Certification Process for Temporary Non-Agricultural Employment in the United States (H-2B Workers), Electronic Code of Federal Regulations (accessed October 22, 2026)
  3. Cap Count for H-2B Nonimmigrants, U.S. Citizenship and Immigration Services (accessed October 22, 2026)
  4. USCIS Reaches H-2B Cap for First Half of FY 2027, U.S. Citizenship and Immigration Services (accessed October 22, 2026)
  5. Temporary Increase in H-2B Nonimmigrant Visas for FY 2026, U.S. Citizenship and Immigration Services (accessed October 22, 2026)
  6. Foreign Labor Certification Announcements (H-2B randomization results, January and July 2026), U.S. Department of Labor, Office of Foreign Labor Certification (accessed October 22, 2026)
  7. H-2B Temporary Non-Agricultural Program, Selected Statistics, Fiscal Year 2026 Q2, U.S. Department of Labor, Office of Foreign Labor Certification (accessed October 22, 2026)
  8. Form G-1055, Fee Schedule (Edition 10/16/26), U.S. Citizenship and Immigration Services (accessed October 22, 2026)
  9. Instructions for Petition for Nonimmigrant Worker (Form I-129), U.S. Citizenship and Immigration Services (accessed October 22, 2026)

Where this comes from

Written by the team at Tailgate Office, LLC. Every figure comes from the sources listed above, as of the day each was accessed; prices and rules change without warning. Nothing here is legal, tax or financial advice.

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