Many H-2B employers ask if they are required to pay for worker housing. The compliance answer is no for most nonagricultural positions, but the practical answer is different. Learn why housing readiness protects your workforce, your compliance record, and your season.

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.

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.

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.