KW Immigration Law P.C.

Temporary Workers. Permanent Solutions.

Your Trusted Partner for H-2B Visa Compliance and Hiring, Nationwide.

Navigating the H-2B visa process can be complex, but it doesn’t have to be. At KW Immigration Law PC, we help employers across all 50 states lawfully bring in temporary, non-agricultural foreign workers to meet seasonal or peak business needs. 

From prevailing wage determinations to DOL labor certification and USCIS filings, we manage the process with speed, precision, and compliance at every step. Whether you’re a small business or a large operation, we provide clear guidance, consistent communication, and strategic legal support, so you can focus on running your business while we handle the immigration.
Start your H-2B Journey!

Industries We Serve

Find the Workers You Need

The H-2B program lets U.S. employers hire foreign workers for temporary, non-agricultural jobs. We help businesses of every size in all 50 states fill seasonal and peak-season roles.

Landscaping crew working with lawn equipment
LandscapingLawn care, tree service, and grounds maintenance crews
Engineer reviewing plans with a construction team
ConstructionSeasonal and project-based building and site work
Hotel housekeeping staff at work
HospitalityHotels, resorts, and housekeeping teams at peak season
Restaurant cook carrying a plated dish
Food ServiceRestaurants and quick-service operations
And more:Seafood ProcessingAmusement and RecreationGolf CoursesForestryPool ServicesHousehold Childcare

Eligibility

Who Qualifies for H-2B?

Employer Requirements

  • Your need is temporary. It fits one of the four types of temporary need, generally for up to 9 months.
  • There are not enough U.S. workers. You show this by recruiting U.S. workers under Department of Labor rules before hiring abroad.
  • The job is non-agricultural. Farm work is covered by the separate H-2A program.
  • Workers come from an eligible country. Workers must be citizens of a country on the Department of Homeland Security's annual H-2B eligible list.

The Four Types of Temporary Need

Your need for workers, not just the job itself, must be temporary. It has to fit one of these categories:

SeasonalWork tied to a season or event that recurs each year.Example: a landscaping company busy March through November.
PeakloadExtra staff on top of your permanent team during a short-term surge.Example: a resort that adds housekeepers every summer.
IntermittentOccasional, temporary work you do not normally staff year-round.Example: periodic project crews hired only when needed.
One-Time OccurrenceA single event or project that will not repeat.Example: rebuilding after a natural disaster.

Our H-2B Services

We Handle Every Step

From the first wage request to your workers' arrival, we manage the process with speed, precision, and compliance, so you can focus on running your business.

  • Eligibility and StrategyWe confirm your temporary need, define the job, and map your filing calendar around the visa cap.
  • Prevailing WageWe request the Department of Labor wage determination for each position.
  • Recruitment and Labor CertificationWe prepare and file Form ETA-9142B and guide your U.S. recruitment so it stays compliant.
  • USCIS PetitionWe prepare and file Form I-129, including premium processing when timing is tight.
  • Consular ProcessingWe support your workers with visa applications and consulate interviews so they arrive on time.
  • Extensions and Ongoing ComplianceExtensions, amendments, changes of employer, and guidance for returning workers season after season.

The Process

How H-2B Works

Most employers should plan for 5 to 7 months from the first conversation to the day workers arrive. Here is what happens at each stage.

  1. 1

    Months before

    Case Strategy

    We confirm eligibility, define the positions and dates, and plan your filing around the cap.

    Our Firm
  2. 2

    1 to 2 months

    Prevailing Wage

    The Department of Labor sets the minimum wage for each job.

    Dept. of Labor
  3. 3

    75 to 90 days before start

    Labor Certification

    We file Form ETA-9142B and your job order. You recruit U.S. workers under DOL rules.

    Dept. of Labor
  4. 4

    After certification

    USCIS Petition

    We file Form I-129 with the certification. Premium processing can speed up a decision.

    USCIS
  5. 5

    2 to 6 weeks

    Visa Interviews

    Workers apply for visas and interview at a U.S. consulate abroad.

    U.S. Consulate
  6. 6

    Start date

    Workers Arrive

    Your team starts work. We stay on hand for compliance questions all season.

    Your Business

Plan Ahead

The H-2B Filing Calendar

Congress caps H-2B at 66,000 visas a year, split evenly between two halves of the fiscal year. Labor certification can only be filed 75 to 90 days before your start date, so missing a window can mean waiting for the next season.

Spring and Summer SeasonStart dates April 1 to September 30
33,000Visas
  1. Contact us and request your prevailing wage
  2. File labor certification for an April 1 start (75 to 90 days before)
  3. File the USCIS petition once certified
  4. Visa interviews at the consulate
  5. Earliest start date for this half of the cap
Fall and Winter SeasonStart dates October 1 to March 31
33,000Visas
  1. Contact us and request your prevailing wage
  2. File labor certification for an October 1 start (75 to 90 days before)
  3. File the USCIS petition once certified
  4. Visa interviews at the consulate
  5. Earliest start date for this half of the cap

Timing is everything. Demand often exceeds the cap, and visas for a half-year can run out within days of opening. In some years, the government releases additional supplemental visas. We track every announcement so your filing lands at the right moment.

Ready to plan your next season?Tell us your start date and how many workers you need, and we will map out your filing calendar.

Free Phone ScreeningSchedule a Case Evaluation

Dates are typical examples for a single season and vary by start date, government processing times, and consulate appointment availability.

Know Before You File

Your Responsibilities as an H-2B Employer

The H-2B program protects both U.S. and foreign workers. We walk you through every obligation before you file, so your season runs smoothly and stays compliant.

Wages and Costs

  • Pay at least the prevailing wage, or the federal, state, or local minimum wage if higher
  • Guarantee at least three-fourths of the hours offered over each period of employment
  • Reimburse workers' inbound travel and visa costs, and pay return travel when the job ends
  • Provide required tools and equipment at no cost to workers

Recruitment and Compliance

  • Recruit U.S. workers and hire qualified applicants who apply until 21 days before the start date
  • Never charge workers recruitment fees, directly or through a recruiter
  • Give workers a copy of the job order in a language they understand
  • Keep accurate records and notify the government if a worker leaves early

Why KW Immigration Law

Your Trusted Partner in Seasonal Hiring

H-2B Is Our Core PracticeSeasonal labor is what we do every day, for employers in all 50 states.
Built Around DeadlinesWe plan each filing around the cap calendar and DOL windows so nothing is missed.
Bilingual SupportWe communicate with employers and workers in English and Spanish. ¡Hablamos Español!
Clear, Consistent UpdatesA modern, tech-driven process keeps you informed from wage request to arrival.

Questions Employers Ask

Frequently Asked Questions

How much does the H-2B process cost?

Costs depend on the number of positions and your timeline. Most employers should budget for government filing fees, optional premium processing, required job advertising, worker visa and travel costs, and legal fees. We provide a clear estimate during your screening so you can plan your season.

How many workers can I request?

There is no fixed limit per employer. The number you request must match your real temporary need, and the same job and dates can be combined into one application for multiple workers.

Can I bring back the same workers every season?

Yes. Many employers rehire the same workers each year, which saves time on training. Each season still requires a new filing, and returning workers count toward the annual cap unless Congress approves a returning worker exemption. That exemption is not currently in effect.

What happens if the cap is reached before my petition is filed?

USCIS stops accepting new cap-subject petitions for that half of the year. Options may include adjusting your start date, waiting for supplemental visas if the government releases them, or hiring workers who are already in H-2B status and are cap-exempt. We help you plan around these scenarios before they happen.

How long can H-2B workers stay?

Workers can stay for the certified period of employment, which for seasonal and peak-load needs is generally up to 9 months. A worker can hold H-2B status for a maximum of 3 years in total, then must spend 60 days outside the U.S. before returning in H-2B status.

Can I hire H-2B workers already in the U.S.?

Yes, in many cases. A worker already in valid H-2B status with another employer can transfer to you with a new petition, and may be able to start working for you once the petition is filed. These transfers usually do not count against the cap.

Can you help us recruit workers abroad?

We guide you through compliant recruitment and can coordinate with your existing recruiters or agents. Federal rules strictly prohibit charging workers any recruitment fees, and employers are responsible for the recruiters they use.

Do you also help families hiring a nanny?

Yes. Private households with a temporary childcare need can also use the H-2B program. Learn about H-2B for nannies.

Do you offer training for attorneys and HR teams?

Yes. Kristen A. Wilson, Esq. offers H-2B consulting and legal training for attorneys, HR teams, and agents. Explore consulting and training.

Need seasonal workers for your business?Book a free phone screening to discuss your hiring needs and start the H-2B process with confidence.

Free Phone ScreeningSchedule a Case Evaluation

This information is general and is not legal advice. Prior results do not guarantee a similar outcome. Requirements, fees, and processing times change, and every case is different.