U.S. Employers: Start Planning Now for First Half FY 2026 H-2B Visas (October 1 Start Date)
For U.S. employers relying on seasonal, non-agricultural labor, securing H-2B visa workers for the first half of the 2026 fiscal year (October 1, 2025, start date) requires careful planning and early action. With high demand and a limited number of visas, it's crucial to start preparing now to improve your chances of approval.
What is the H-2B Visa?
The H-2B visa is a temporary, non-immigrant work visa that allows U.S. employers to hire foreign workers for seasonal or peak-load jobs in industries such as:
Hospitality & Tourism (hotels, resorts, ski lodges)
Landscaping & Groundskeeping
Construction & Trades
Seafood & Meat Processing
Amusement & Recreation (theme parks, golf courses)
Forestry & Logging
Since the H-2B visa cap is limited to 66,000 visas per fiscal year (33,000 for each half of the year), employers must act quickly to secure their workforce.
Key Deadlines for Employers
📌 April 2025 – Submit a Prevailing Wage Determination (PWD) request to the Department of Labor (DOL) to confirm the minimum wage you must offer.
📌 July 3, 2025 – Earliest date to submit your H-2B application (Temporary Labor Certification) to the DOL.
📌 October 1, 2025 – The earliest start date for approved H-2B workers for the first half of FY 2026.
Step-by-Step Guide to Preparing for H-2B Visas
1️⃣ Assess Your Workforce Needs
Determine the number of workers needed and the exact timeframe for employment.
Ensure your job qualifies as seasonal, peak load, intermittent, or one-time need under DOL regulations.
2️⃣ Submit a Prevailing Wage Determination (PWD) Request (April 2025)
This step is required before filing the H-2B application and can take several weeks to process.
The DOL will issue a wage rate that must be paid to H-2B workers and U.S. workers in similar roles.
3️⃣ File a Temporary Labor Certification (TLC) with the DOL (July 3, 2025, or as early as possible)
The DOL must certify that no qualified U.S. workers are available for the position.
You must conduct domestic recruitment efforts to prove you cannot find American workers willing to take the job.
4️⃣ Submit a Petition to USCIS
Once the DOL approves your Temporary Labor Certification, you must file Form I-129 with U.S. Citizenship and Immigration Services (USCIS).
USCIS will conduct a lottery if demand exceeds visa availability.
5️⃣ Consular Processing & Worker Arrival
Approved workers must apply for a visa at a U.S. consulate in their home country and enter the U.S. legally.
The earliest start date is October 1, 2025.
Why Employers Should Act Now
⏳ High Demand: The H-2B visa program is highly competitive, with thousands of employers applying each year. The sooner you start, the better your chances of success.
⚖️ Compliance Matters: Failure to follow DOL and USCIS regulations can lead to denials, delays, or penalties. Working with an experienced immigration attorney helps avoid costly mistakes.
🛠 Workforce Stability: Securing reliable, legal seasonal labor ensures that your business can operate smoothly during peak seasons without staffing shortages.
How Kirchner Law Can Help
Navigating the H-2B process is complex, and even small mistakes can result in denials or delays. At Kirchner Law, we specialize in business immigration and have successfully helped hundreds of U.S. employers secure H-2B visas for their workforce.
📩 Contact us today to start planning your H-2B strategy: www.kirchnerimmigration.com
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