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Moro Legal LLC · U.S. immigration law

H-2B Visas for Temporary and Seasonal Work

H-2B cases begin with the employer’s temporary need. Recruitment, labor certification, the visa cap, and the proposed start date must be carefully planned.

A temporary need for workers

The H-2B program covers qualifying nonagricultural work where the employer’s need is temporary: seasonal, peakload, intermittent, or a qualifying one-time occurrence. The employer must satisfy labor certification requirements concerning available U.S. workers and the effect on their wages and working conditions.

A permanent staffing shortage is not automatically a temporary need. Contracts, payroll history, business cycles, and staffing records should corroborate why the employer needs workers for the specific requested period. The job duties, locations, hours, and wage must be consistent throughout the filings.

Recruitment and the normal filing timeline

Plan ahead for the prevailing wage determination. DOL recommends anticipating at least 60 days for processing. The job order and temporary labor certification application are generally filed 75–90 days before the date of need (when the workers would begin employment).

The employer must follow recruitment instructions and document the results. After DOL certification, the employer must file a petition with USCIS and, for workers abroad, seek visas and admission. The normal statutory cap (limit) is 66,000 H-2B visas issued annually, divided between the fiscal year’s two halves. Supplemental numbers and conditions vary. In some years, extra H-2B visas are authorized, but they should not always be assumed available.

Changing employers under the portability rule

The modernization rules effective January 17, 2025, now permit eligible H-2B workers already in the United States to begin working at another qualifying new employer after USCIS receives a properly filed, nonfrivolous petition requesting an extension of stay, or on the requested start date, whichever is later. This change makes it substantially easier for employers to hire H-2B workers already in the United States and allows them to begin working more quickly than before. The new rules continue to exempt H-2B workers already in the United States and transferring to a new employer from the statutory visa cap.

The new employer still needs the required labor certification and petition. Prior status, unauthorized employment, and receipt timing must be reviewed before work begins. This change does not allow unrestricted work authorization, job mobility, or automatic H-2A to H-2B portability.

Nationality rules and employer responsibilities

The modernization rule removed the former general designated-country restriction. There is no longer a general H-2B eligible-country list. Workers from any country may now potentially qualify for H-2B visas, subject to other visa or admission restrictions. However, extra H-2B supplemental visa allocations may continue to be restricted to certain countries.

Employers must comply with wage, recruitment, expense, and worker-protection requirements, including restrictions on prohibited fees charged to workers. Moro Legal can review the temporary need, recruitment plan, proposed workers, and filing calendar. Bring prior certifications, payroll and staffing records, anticipated dates, and any current workers’ immigration documents.

Common questions

Before you file.

Can I use H-2B for a permanent position?

Generally no. The employer must establish a qualifying temporary need. A permanent position may require a different immigration strategy.

Can a worker start as soon as we file the petition?

Do not assume so. Portability depends on receipt of a qualifying filing, the requested start date, and the worker meeting the regulatory conditions.

Are supplemental H-2B visas guaranteed every year?

No. Availability, allocations, eligibility, and filing windows depend on the rules for the particular fiscal year.

Talk through the details

Plan your next step.

Schedule a consultation with Joseph Alain Moro to discuss your circumstances, the documents you have, and the options that may be available.

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Client experiences

In our clients’ words.

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Itai Ivtzan
30 days ago
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I have been Joe's client for a couple of years, through the long journey of getting my green card. Joe has always been highly professional, kind, and easy to communicate with. If you are looking for an immigration lawyer, you won't find a better one than Joe Moro
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Gideon Anim
40 days ago
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We cannot say enough good things about our experience with our attorney Joseph. From the very beginning, he was professional, knowledgeable, responsive, and incredibly reassuring throughout what was an extremely stressful immigration process. Our case was particularly challenging given the current immigration climate and the fact that we are from a country subject to restrictions. To our amazement, our entire adjustment of status process was successfully completed in just **six months**, and we were approved for our Green Card. Achieving this result in the current administration and under circumstances that could have easily made the process much more complicated is something we truly believe speaks to our attorney’s exceptional knowledge and dedication. He never made us feel like just another case number. He took the time to explain things clearly, answer our questions, address our concerns, and make sure we understood what was happening at every stage. His professionalism and commitment gave us so much peace of mind during a very uncertain time. We are incredibly grateful for his hard work and for the successful outcome of our case. If you are looking for an immigration attorney who is knowledgeable, trustworthy, strategic, and genuinely committed to his clients, we wholeheartedly recommend him. Thank you for helping us achieve such an incredible milestone in our lives!
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Richard Irish
121 days ago
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Joseph Alain Moro is a fantastic lawyer! He is extremely competent and thorough! His law office helped my wife and I through a very important process of achieving a green card. I recommend him enthusiastically to one and all.
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Komran Ghahremani
164 days ago
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Great guy and very professional. Responds in timely manner. Helped my wife and I navigate our immigration process very smoothly through very up and down
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Daniela Castillo
191 days ago
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Joseph helped us to be prepared and was with us every step of the way throughout my permanent residence process. He helped us with any questions we had and when it came time for the interview everything was all in place and made it super easy for the USCIS official to approve our case. Very thankful to have been paired with Joseph's law firm through my husband's insurance. He and his team went above and beyond to answer our questions. Thank you!
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Francisco Delgado Perez
204 days ago
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We had Excellent results on my adjustment of status! Our interview was totally successful thanks to the great labour of Joseph and Team. Don't jeopardize your legal status trying to do it by yourselves or with inexperienced people. Consult the experts: Moro is the key.
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Marlen Gutiérrez
360 days ago
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Excellent lawyer, always attentive to any situation. Highly recommended.

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Marden Platero
379 days ago
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I obtained my residency in 6 months. Joseph Moro's law firm is an excellent office, very honest and very efficient in their work. I recommend them for their excellent knowledge and very good work.

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Jessica
383 days ago
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I had such a positive experience working with Moro Legal. From the very beginning Joseph was patient, professional, and incredibly knowledgeable about the entire process. He took the time to explain every step in detail, answered all of my questions, and made sure I understood exactly what was needed. Thanks to his guidance and attention to detail, my green card application was approved! I truly appreciate how supportive and responsive he was throughout. It made what could’ve been a stressful process feel smooth and manageable. I’m so grateful for his help and would recommend Joseph to anyone looking for an experienced and trustworthy immigration attorney!
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Xiaochang Duan
411 days ago
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Joseph and his team helped one of my family members with a case. They were very professional and made the journey of many milestones very smooth! Whenever we had any questions we rely on them to provide reliable solution. Thank you Joseph!!!
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Steven Rhodes
429 days ago
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Joseph was absolutely amazing during the whole process of both my and my son’s citizenship applications. He took the time to explain the process thoroughly and got ahead of any potential bumps in the road before they happened! Will be using him again for another family member in the future and would highly recommend him to anybody looking for immigration help! Thank you Joe from me and the boy!!
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Troy Bryan
486 days ago
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If I can give more than 5 stars , I certainly would do so . Working with Joseph was outstanding, bringing my now wife to the US from Colombia . We started with the K1 visa application and now she has her green card after we got approved at the interview at USCIS. Our case was particularly challenging as she was studying in another country at the time of filing the I-129F . Once that was approved, we had to transfer the case to the Colombian embassy and there was a big delay in the process for scheduling the interview. However , Joseph handled this case with the upmost professionalism and gave us guidance on everything from start to finish. To sum up , if you ever want to bring a foreign fiancé to the US , it’s a lot of paperwork and screening. You definitely need expert legal professionals by your side during the whole process. Joseph can be your go to for every step of the way . We are forever grateful for this service!
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Individual experiences vary. Past results do not guarantee a similar outcome.

Sources and guidance

Information reviewed October 23, 2026. Requirements, fees, and processing policies can change. This page provides general information and does not establish an attorney-client relationship.

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