H-2B Visa FAQ: Employer Questions Answered (Landscaping, Hospitality, Construction & More)

Looking for clear answers about the H-2B visa program? You’re not alone. Employers across seasonal industries—from landscaping and hospitality to construction and seafood—often have the same questions about eligibility, obligations, timelines, and best practices when recruiting seasonal workers.

In our recent H-2B webinar, we gathered the most common questions from employers navigating the program. This FAQ brings those answers together in one place, giving you practical guidance on how H-2B works, what to watch out for, and how Seso supports both employers and workers through the process.

Whether you’re filing for temporary foreign workers for the first time or want to refine your strategy, these FAQs will help you understand how to maximize your chances of approval, stay compliant, and make the most of the program.

General H-2B Questions

• Q: What industries are eligible for H-2B visas?

  • A: Seasonal non‑agricultural sectors such as landscaping, hospitality, construction, seafood, and similar industries with time‑bound needs.

• Q: How does the H‑2B visa cap work?

  • A: There are 66,000 visas per fiscal year, split into 33,000 for October 1st start dates and 33,000 for April 1st start dates. Supplemental visas are later released for returning workers (specific amount will be released for the first half of the FY when the cap runs out and then again for the second half when that cap runs out) and for certain country groups (available year-long), which can often keep options open even after the regular cap is reached.

• Q: Seasonal vs. peak‑load — what’s the difference?

  • A: Seasonal means operations cease for part of the year. Peak‑load means the business runs year‑round but experiences a ≤9‑month surge in workload.

• Q: Minimum company size or minimum number of workers?

  • A: No. You can request as few as one worker if the need is justified, and there’s no minimum revenue requirement.

Employer Obligations Under H-2B

• Q: What worker costs must employers cover?

  • A: Visa fees and inbound and outbound transportation must be covered. You may reimburse workers instead of pre‑paying, but many employers pre‑pay to speed things up and control costs.

• Q: Do H‑2B employers have to provide housing?

  • A: Not legally required (unlike H‑2A), but strongly recommended. If deducting costs, must file correct amount on H-2B application, keep thorough documentation and do not profit.

• Q: What are the U.S. recruitment obligations?

  • A: Post an in‑house notice for 15 business days, list on the State Workforce Agency site, and DOL with list on SeasonalJobs.gov. You must hire qualified U.S. applicants until 21 days before the start date.

H-2B Filing Windows and Timing

• Q: What are the strict filing windows?

  • A: Prevailing wage must be filed 90-120 days before the start of the filing window, to make sure you have it in time.

    • Start of Filing Window:

      • For Oct 1 start dates → File July 3–5.

      • For Apr 1 start dates→ File Jan 1–3.

      • Other start dates can file 75–90 days before need.

Best Practices for H-2B Certification

• Q: How can we improve the odds of certification?

  • A: Start early and provide robust evidence of seasonality and need: payroll, revenue, sales, and relevant operational data to strengthen the temporary need statement and avoid deficiencies.

• Q: Can workers return year after year?

  • A: Yes, and many employers cultivate returning cohorts. Some later sponsor green cards for long‑term retention.

• Q: Can workers transfer between certifications?

  • A: Yes. H‑2B visa to H‑2B visa transfers are common, and H‑2A to H‑2B transfers are also possible, often leveraging supplemental caps for certain countries.

• Q: Typical causes of delay or denial?

  • A: Lack of demonstrable seasonal/temporary need, or timing issues tied to the cap and lottery. Plan A/B/C strategies help, including using supplemental visas and adjusting start dates when appropriate.

• Q: What’s our approach if a customer misses the regular cap?

  • A: We pursue contingency paths such as returning‑worker supplemental visas, Northern Central America allocations, or adjusting start dates to tap later supplemental releases.

• Q: What’s our policy on NODs and RFEs?

  • A: No fees for DOL Notices of Deficiency. RFE fees vary by complexity; simple document add-ins are often no-charge.

Seso’s Worker Services & Support

• Q: How does Seso support the worker journey?

  • A: Outreach and data collection via phone and WhatsApp, rapid vetting, consular scheduling and logistics, plus live status tracking in the Seso app, including a Consulate tab for real‑time visibility.

• Q: How much time is needed for worker list. How fast do we complete worker outreach and readiness?

  • A: The best practice is to have worker lists ready well ahead of time (deadline; by NOA). We can reach out to workers at NOA or at I-129 filing, whatever works best for employers. On average, outreach to worker-ready takes under four calendar days, with about 83% of workers reached in the first 24 hours.

• Q: Which countries can we support end-to-end for H-2B processing?

  • A: Mexico plus seven additional countries, including Guatemala with an in-person team. Timelines outside Mexico can vary slightly, but tracking and coordination work the same in the Seso app, except for countries where we work with third parties.

    In Person → Live Tracking ✅

    • 🇲🇽 Mexico

    • 🇬🇹 Guatemala

    Remote → Live Tracking ✅

    • 🇸🇻 El Salvador

    • 🇭🇳 Honduras

    • 🇨🇷 Costa Rica

    • 🇵🇪 Peru

    Via 3rd parties → No Live Tracking ❌

    • 🇯🇲 Jamaica

    • 🇿🇦 South Africa

• Q: Can we handle hotels and transport from consulate city to worksite?

  • A: Yes. Set logistics preferences in the Seso app and our dedicated logistics team can coordinate hotels, meals and/or ground transport for you.

• Q: Do we provide reimbursement documentation for inbound travel and visa fees?

  • A: Yes. We produce a reimbursement report and can also pre-pay to simplify and speed up the process if preferred.