Application Process

Before anything is filed, the employer identifies the period of peak demand, the number of positions, the job duties, the wage, and the worksite. The need must be temporary and, for most H-2B employers, seasonal — recurring each year and then ending.

The employer requests a prevailing wage determination for the occupation and area of intended employment. The resulting wage sets the floor for the job order and the application.

A job order is placed through the state workforce agency and additional recruitment steps are completed and documented. U.S. workers who apply and are qualified must be hired. The recruitment report becomes part of the record.

The application goes to the U.S. Department of Labor's Office of Foreign Labor Certification, which reviews the temporary need and the recruitment results. The agency may issue deficiency notices requiring a response within a short window. Certification applies to positions, not to particular workers.

With a certification in hand, the employer files a petition with USCIS. Cap availability governs whether the petition can be approved for the requested start date. When filings exceed the numbers available for a half-year period, allocation has been handled through a randomized selection process.

Approved workers apply for a visa at a U.S. consulate. Interview availability, consular processing times, and travel arrangements determine how close to the start date workers actually arrive — which is why the timing of a supplemental release matters as much as its size.

Each filing window has an earliest employer filing date and a corresponding range of applicable start dates. The Council maintains those dates alongside the current allocation figures on the H-2B Calendar page.