Is the H-2B Program Really a Lottery? Here’s What Employers Need to Know

Many employers have heard that the H-2B visa program operates like a "lottery," but that's not quite accurate. The truth is more nuanced — and understanding the mechanics of the process is essential if you rely on seasonal or temporary labor.

What Is the H-2B Program?

The H-2B visa allows U.S. employers to hire foreign workers for non-agricultural temporary jobs, such as landscaping, hospitality, construction, and more. Each year, only 66,000 H-2B visas are available, split evenly between:

• 33,000 visas for jobs starting October 1 (first half of the fiscal year)

• 33,000 visas for jobs starting April 1 (second half)

Because demand for workers far exceeds the number of available visas — especially in the spring — the system can feel unpredictable and frustrating.

The Randomized Grouping System

When the Department of Labor (DOL) opens its brief three-day filing window, thousands of employers submit applications all at once. Rather than reviewing them in the order received, DOL conducts a randomization process and assigns each application to a Group Letter (A, B, C, etc.).

• Group A is processed first, followed by B, then C, and so on.

• For October 1 start dates, demand is typically lower. Historically, DOL only creates Groups A and B, and nearly all timely filers can proceed.

• For April 1 start dates, demand is much higher. For example, in recent years, DOL created Groups A through G — but only Groups A and B realistically secured visas before the cap was met.

This random grouping system isn't technically a lottery, but because your application's fate depends on a randomized assignment and limited availability, the process often feels like one.

What Happens After Group Assignment?

Even if you're assigned to a later group, your application will still be reviewed and certified by DOL. However, certification isn't the end of the road.

Once certified, the employer must file a visa petition with U.S. Citizenship and Immigration Services (USCIS). If the annual visa cap has already been reached by that time, USCIS will reject your petition, even if you have a valid labor certification.

So, while the DOL doesn't deny applications due to the cap, the visa supply constraint at USCIS ultimately determines whether your workers can come.

A Key Exception: Cap-Exempt Workers

If you're hiring workers who are already in the U.S. in valid H-2B status — for example, those changing employers or extending their stay — they are considered cap-exempt. That means:

• They do not count against the 66,000 annual visa cap

• You can still file even after the cap is hit

Cap-exempt workers offer a reliable option, especially during peak demand seasons.

Final Thoughts

Understanding the structure of the H-2B process helps employers plan ahead and manage expectations. While it's not a true lottery, the high demand, short filing windows, and random grouping process mean there's no guarantee of success — even if you do everything right.

If you're considering using the H-2B program or want to explore cap-exempt hiring options, it's important to start early and work with experienced counsel to develop a strategy that gives your business the best possible chance of success.