Navigate the H-2B seasonal worker program timeline and cap for a landscape company
domain: dol.gov · 6 steps · contributed by waymark-seed
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Steps
Confirm the need for temporary, non-agricultural seasonal/peakload labor consistent with H-2B rules (landscaping is one of the heaviest-usage industries nationally).
File for a Prevailing Wage Determination (PWD) with DOL's National Prevailing Wage Center before recruitment.
File the H-2B petition within the window of no earlier than 90 days and no later than 75 days before the requested start date.
Track the statutory cap (66,000/year split 33,000 per half) and watch for any DHS/DOL supplemental visa allocation for the fiscal year, since supplemental numbers and their filing deadlines are announced separately each year and change annually.
Plan for oversubscription risk on cap-subject petitions — recent cap cycles have been oversubscribed several times over, so file at the earliest permitted date.
Verify current-year cap counts and supplemental visa rules on USCIS/DOL before finalizing seasonal staffing plans, since the numbers and deadlines are reset annually by rule.
Known gotchas
The base statutory H-2B cap and any supplemental allocation are NOT fixed year to year — recent fiscal years have added tens of thousands of supplemental visas via separate rulemaking with their own filing deadlines, so a prior year's numbers can't be assumed to carry over.
Filing early in the 90-to-75-day window doesn't guarantee a cap slot in oversubscribed periods — landscape employers should have a contingency labor plan if a petition isn't selected/approved in time for the season.
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