Every year, thousands of Texas businesses face the same problem: seasonal demand spikes and not enough workers to meet it. Landscapers need crews before spring. Hotels along the River Walk staff up for tourist season. Restaurants, event venues, and construction companies scramble to fill short-term positions that local hiring simply cannot cover.
The H-2B visa exists for exactly this situation. It allows U.S. employers to bring foreign workers to the country on a temporary basis to fill nonagricultural seasonal, peak-load, intermittent, or one-time needs. But the program has strict rules, hard caps, and a filing timeline that catches many employers off guard.
At The Lozano Law Firm, Board-Certified Immigration Attorney Alfredo Lozano helps Texas employers navigate the H-2B process from temporary labor certification through worker arrival. This guide covers who qualifies, how the process works, and what Texas employers need to do now to secure seasonal workers for winter and spring 2027.
What Is the H-2B Visa?
The H-2B visa is a nonimmigrant visa category under INA §101(a)(15)(H)(ii)(b) that allows employers to temporarily hire foreign nationals for nonagricultural jobs when qualified U.S. workers are unavailable. Unlike the H-2A (agricultural workers), the H-2B covers industries like hospitality, landscaping, forestry, seafood processing, construction, carnival and amusement operations, and other seasonal businesses.
The H-2B is employer-sponsored. Workers cannot apply for it on their own. The employer petitions on behalf of named workers after completing a DOL temporary labor certification.
H-2B Annual Cap and Split Seasons
Congress limits the H-2B program to 66,000 visas per fiscal year, split into two halves:
- 33,000 for the first half (October 1 through March 31 start dates)
- 33,000 for the second half (April 1 through September 30 start dates)
These caps fill quickly, often within days of the filing window opening. For the first-half allocation (winter/spring workers), employers should plan to file as soon as the DOL filing window opens, typically in early January for an April start date.
Congress has authorized supplemental H-2B visas in some recent years, adding 20,000 to 60,000+ additional visas beyond the 66,000 cap. Whether supplemental visas will be available for FY2027 depends on legislation or DHS action that typically comes after the regular cap is reached.
Returning workers exemption. Workers who held H-2B status in one of the three most recent fiscal years may be exempt from the annual cap under certain circumstances. This is a valuable tool for employers with a reliable returning workforce.
Who Qualifies as an Employer
Not every seasonal need qualifies for H-2B. The employer must demonstrate that the need is:
- Seasonal: Tied to a particular time of year by an event or pattern (holiday tourism, lawn care season, ski season)
- Peak-load: A temporary spike in demand that existing staff cannot handle
- Intermittent: A need for workers at unpredictable or irregular intervals
- One-time: A single occurrence that will not repeat
The employer must also show that hiring H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The H-2B Filing Process
The H-2B process involves both the Department of Labor and USCIS, and the timeline is longer than most employers expect.
Step 1: File a temporary labor certification with DOL (ETA-9142B). The employer must obtain a prevailing wage determination and then conduct mandatory recruitment to test the U.S. labor market. Recruitment includes job orders with the state workforce agency, newspaper advertisements, and contact with former U.S. workers. After the recruitment period closes and no qualified U.S. workers are found, DOL issues the temporary labor certification. Timeline: 60 to 90 days before the start date.
Step 2: File Form I-129 with USCIS. With the certified labor certification in hand, the employer files the H-2B petition with USCIS. The petition lists the named workers, the job details, and the duration of employment. Regular processing takes 2 to 4 months. Premium processing (15 business days) is available for $2,805.
Step 3: Workers apply for visas at a U.S. consulate.
Once the I-129 is approved, the named workers apply for H-2B visas at a U.S. embassy or consulate, typically in their home country. They attend an interview and, if approved, receive the visa stamp.
Step 4: Workers enter the United States. Workers can enter the U.S. up to 10 days before the start date listed on the I-129. They must depart within 10 days after the end date (or 30 days, whichever is shorter).
Filing Timeline for Winter/Spring Workers
If your business needs seasonal workers starting in spring 2027, you should be planning now. Here is a realistic backward timeline:
- August-September 2026: Engage an immigration attorney. Begin prevailing wage determination. Identify the workers you want to bring.
- October-November 2026: Complete recruitment. File temporary labor certification with DOL.
- January 2027: File I-129 with USCIS (with premium processing recommended given cap competition).
- February-March 2027: Workers attend consular interviews.
- April 2027: Workers arrive and begin employment.
Waiting until January to start this process means missing the filing window entirely.
Employer Obligations During the H-2B Period
Sponsoring H-2B workers comes with ongoing compliance requirements.
Pay the prevailing wage or the offered wage, whichever is higher. Underpaying H-2B workers is a serious violation that can result in debarment from the program, back-wage liability, and penalties.
Provide the guaranteed hours. The employer must guarantee at least three-quarters (75%) of the total hours listed in the job order for each 12-week period. If work is not available, the employer must still pay for the guaranteed hours.
Maintain proper records. Keep payroll records, hours worked, deductions, and any correspondence related to the H-2B workers for at least three years.
Do not retaliate. Workers who report violations or cooperate with DOL investigations are protected from retaliation.
I-9 compliance applies. H-2B workers must complete Form I-9 like any other employee. The H-2B visa and I-94 serve as acceptable List A documents.
Common Mistakes Texas Employers Make
Missing the cap filing window. The 33,000 visas for each half-year can be exhausted within days. Employers who file even a week late may be shut out entirely. Premium processing on the I-129 does not help if the cap is already reached.
Inadequate recruitment efforts. DOL takes the U.S. worker recruitment requirement seriously. Cutting corners on advertisements, failing to contact former U.S. employees, or not documenting the recruitment results can lead to a labor certification denial.
Not using returning workers. The returning-worker cap exemption is one of the most valuable tools in the program. If you have workers who held H-2B status in previous years, prioritizing them in your petition can avoid cap issues entirely.
Treating H-2B workers differently from U.S. workers.
H-2B workers are entitled to the same working conditions, benefits, and protections as U.S. workers in the same roles. Differential treatment creates legal exposure.
Frequently Asked Questions
How many H-2B visas are available each year?
The annual cap is 66,000, split into 33,000 for the first half of the fiscal year and 33,000 for the second half. Congress has authorized supplemental visas in recent years, but this is not guaranteed.
Can H-2B workers become permanent residents?
The H-2B is a temporary visa and does not directly lead to a green card. However, an employer can separately sponsor a worker through the
PERM labor certification process for an employment-based green card while the worker holds H-2B status.
How long can a worker stay on an H-2B visa?
H-2B status is granted for the period of the temporary need, up to one year. Extensions are possible in one-year increments for a maximum total stay of three years. After three years, the worker must depart for at least three months before being eligible for a new H-2B.
What industries use H-2B most in Texas?
Landscaping, hospitality (hotels and restaurants), construction, forestry, food processing, and event staffing are the most common H-2B industries in Texas.
Start Planning Your Seasonal Workforce Now
The H-2B process rewards employers who plan early and file first. Waiting until the need is urgent typically means missing the cap and scrambling for alternatives.
Board-Certified Immigration Attorney Alfredo Lozano holds Board Certification in Immigration and Nationality Law from the Texas Board of Legal Specialization, a credential held by fewer than 5% of Texas immigration attorneys. The Lozano Law Firm helps Texas employers across San Antonio, Eagle Pass, and San Angelo secure the seasonal workers they need through the H-2B program.
Contact us to start your H-2B filing for winter and spring 2027.
