DOL certification isn't the finish line — it's the halfway point. Once certified, you move into USCIS filing, consular processing, and getting workers from their home country to your job site. Each phase has its own timeline pressures and its own points of failure. The employers who navigate this well aren't waiting for updates — they're receiving them proactively.

The DOL certification process is the foundation of every H-2B case — and where the most preventable mistakes happen. Part 3 of the H-2B From the Start series breaks down prevailing wage determinations, the 9142B filing, SWA job orders, Notices of Deficiency, and recruitment documentation requirements. If you're a first-time filer or have struggled with timeline issues, this one is worth reading carefully.

If Part 1 was about whether H-2B is the right tool for your business, Part 2 is where things get real. The cap is the single most frustrating feature of the H-2B program — and the one most employers understand the least until they've been through a bad year. Let me break it down plainly. The statutory cap Congress set the annual H-2B cap at 66,000 visas per fiscal year. That number is divided into two equal halves: 33,000 for employers with start dates in the first half of th

The H-2B visa allows U.S. employers to hire foreign nationals for temporary, non-agricultural positions when qualified U.S. workers aren't available. It's employer-sponsored, compliance-intensive, and subject to an annual cap of 66,000 visas. Before you file anything, there's a conversation worth having about your business model. H-2B attorney Meagan Kirchner walks through the basics — what it is, who qualifies, and what to consider before you start.

The H-2B cap makes securing seasonal workers in spring a gamble—but smart employers can use the October Strategy to improve their odds. By hiring in the fall or winter, workers are counted against the new fiscal year cap and become cap exempt for spring. This approach can even work for different winter roles, like snow plow drivers. With prevailing wages taking 30–35 days, now’s the time to act—contact me to explore if this strategy fits your business.

The horse-racing industry relies heavily on H-2B visa workers — but with growing visa cap uncertainty, more employers are sponsoring green cards to retain talent long-term. While this offers a pathway to stability, the immigrant visa backlog is causing major delays, leaving both workers and employers in limbo. In a shifting immigration landscape, green card sponsorship is still one of the few viable tools to build a dependable workforce.

For U.S. employers relying on seasonal, non-agricultural labor, securing H-2B visa workers for the first half of the 2026 fiscal year...