New H-2A Adverse Effect Wage Rates take effect August 3 (August 17 in select states), and the change catches many employers mid-season. Here's the key question answered: if the new AEWR is higher than what you're currently paying, you must raise wages immediately, even on already-certified job orders. If it's lower, the previously certified rate stands. Full breakdown of effective dates, the Big 5 vs. other-occupation rate split, surety bond impact, and California's AB 2646.

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.

USCIS issued a new policy memo on H-2A visas for dairy operations, and the coverage has overstated what it actually does. The memo does not create a new pathway or lower the bar. It fills a gap in written guidance and standardizes how adjudicators review dairy petitions. Here is what changed, what did not, and what it means if you are considering H-2A for your dairy operation.

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.

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.

DOL processing of FY2026 second-half H-2B applications hit Group F this week — and the timing couldn't be more complicated. Updated data shows only a small slice of Group F, if any, will make it under the returning worker supplemental cap. But the cap isn't even the whole story. Consular interview scheduling is running 3–4 weeks behind, and Holy Week closures in Mexico are making it worse. H-2B employers deserve a program that functions. Right now, they're not getting it.