OFLC received 2,625 H-2B applications for October 1, 2026, covering 51,158 worker positions, an 8% increase over last year. Learn what the growth means, how Assignment Groups A and B work, and why Group B employers face a tougher cycle this time with contingency planning more important than ever.

FY2027 is almost here. OFLC has confirmed the three-day H-2B filing window for October 1, 2026 work start dates runs July 3 through July 5, 2026. All window applications are randomized after closing, so accuracy matters more than speed. Key reminders: one application per job opportunity, concurrent SWA job order required, and Appendix B signatures must be current. Questions? Contact Kirchner Law.

After more than a decade in H-2B, the same costly mistakes keep appearing across case files. From starting too late and weak job descriptions to scope creep after workers arrive and over-reliance on H-2B as a sole staffing solution, these are the errors that derail seasons, trigger audits, and result in denied petitions. This final installment of the H-2B Start to Finish series covers what employers need to know before it costs them.

Once workers arrive, your H-2B obligations begin immediately — and they don't end until every worker is home. Wage compliance, the three-fourths guarantee, worksite limitations, separation notices, document retention, and return transportation are all on you. These requirements are detailed, enforced, and the source of most employer violations I see. Part 5 of the H-2B From the Start series breaks down exactly what you're on the hook for — before a problem surfaces.

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.

Most employers are surprised by the H-2B to EB-3 green card timeline — and that surprise is what derails the process. From prevailing wage request to a worker arriving as a permanent resident, you're looking at four to five years under current conditions. That's not a reason to wait. It's a reason to start now. The pipeline rewards early action, and every year you delay is a year further back in line.

PERM is the DOL labor certification process required before an employer can sponsor a foreign national for an EB-3 green card. The concept mirrors H-2B: prove no qualified U.S. worker is available. The difference? This one leads to permanent residence. From prevailing wage determinations to mandatory recruitment and 18+ month processing times, the mechanics matter — and so do the pitfalls.

Every season, H-2B employers face the same uncertainty: the lottery, the cap, the consulate. This series explores the H-2B to PERM pathway — how EB-3 labor certification converts your most reliable returning workers into permanent employees, and why running both programs together builds the workforce stability that H-2B alone can't provide.

The construction industry needs nearly 500,000 additional workers in 2026. Ninety-two percent of contractors say they can't find qualified people. Forty-five percent report labor shortages are directly causing project delays. And only 10% are using the legal program built specifically to address it. H-2B visas offer construction contractors predictable, project-specific workers — planned into your bid, not scrambled for after hiring fails.

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.