Florida Board Certified in Immigration & Nationality Law (Florida Bar Member #7439). When U.S. employers cannot find domestic workers for seasonal, peak-load, or one-time non-agricultural needs, H-2B visas fill the gap. Hospitality, landscaping, seafood processing, and construction employers across Central Florida rely on this category. If your H-2B authorization is running out before your work ends, we can learn about visa extension options for temporary workers rather than restarting the petition cycle.
What H-2B is for
H-2B is a non-immigrant visa for temporary non-agricultural workers when there are not enough U.S. workers willing or qualified to fill the role. The employer must show one of four temporary needs:
- Seasonal need — tied to a recurring season (e.g., resort hospitality during peak Florida tourism season).
- Peak-load need — temporarily augmenting permanent staff during a busy period.
- Intermittent need — occasional, not annual, hiring for short engagements.
- One-time need — a true one-off project that will not recur.
"Temporary" generally means under 1 year (with limited extensions in some cases).
The annual cap and process
H-2B is subject to an annual cap of 66,000 — split into 33,000 for workers starting in the first half of the fiscal year (Oct 1–Mar 31) and 33,000 for the second half (Apr 1–Sep 30). When the cap is reached, supplemental visa allocations have been issued in recent years. The application process:
- Prevailing wage determination from DOL.
- Recruitment of U.S. workers (mandatory steps including state workforce posting, two newspaper ads, and a job order).
- Temporary Labor Certification filed with DOL after recruitment.
- I-129 petition filed with USCIS.
- Visa issuance at a U.S. consulate abroad (or change of status if already in the U.S.).
Common Central Florida H-2B users
- Disney-area hospitality — hotels, restaurants, resort operations.
- Landscaping companies — peak spring/summer season.
- Construction — when permanent crews are insufficient for project peaks.
- Seafood processing — though more common on the Gulf Coast than Central Florida.
Worker-side issues
For H-2B workers, common concerns include: keeping proper documentation, understanding the limits on portability (H-2B is tied to the petitioning employer), and what happens if the role ends early. Some H-2B workers also explore family-based or other paths to longer-term status while in the U.S. — though the temporary-intent doctrine of H-2B limits options compared to dual-intent visas like H-1B.
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How early should an employer start an H-2B case?
Start at least 90–120 days before the desired start date. The prevailing wage determination alone can take 30–60 days, recruitment adds another 30+ days, DOL adjudication takes weeks, and USCIS adjudication and consular processing each take additional time. Last-minute filings frequently miss the cap or the start date.
What is the difference between H-2A and H-2B?
H-2A is for agricultural seasonal workers; H-2B is for non-agricultural seasonal, peak-load, intermittent, or one-time work. H-2A has no cap and somewhat easier rules but only applies to farm work. H-2B is what hospitality, landscaping, and construction use.
Can H-2B workers bring their families?
Yes — spouses and unmarried children under 21 can come on H-4 derivative status. H-4 dependents cannot work on this visa.
Can H-2B workers get a green card later?
H-2B itself does not lead to a green card. Some H-2B workers ultimately qualify through marriage to a U.S. citizen, employer-based EB-3 sponsorship (PERM), U-visa for crime victims, or other paths. Each must be evaluated individually.
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