Managing Attorney
In Texas, industries such as hospitality, landscaping, construction, and seafood processing often experience seasonal spikes in labor demand. To fill these temporary workforce needs, many employers turn to foreign workers through the H-2B visa program. While this nonimmigrant visa offers a valuable solution, the application process is detailed and highly regulated, making it critical for employers to understand the rules.
At Zepeda Law Firm, we assist Texas businesses in navigating the H-2B visa process, from initial applications to compliance with federal labor and immigration laws. In this blog, we break down how temporary seasonal visas work, which industries commonly rely on them, and how your business can benefit from careful planning and legal guidance.
What Is the H-2B Visa?
The H-2B visa is a temporary, nonimmigrant visa that allows U.S. employers to hire foreign nationals to fill non-agricultural jobs for which there are not enough available U.S. workers. These positions must be temporary in nature and tied to:
- A seasonal need (e.g., summer or winter tourist season)
- A peakload need (e.g., short-term, high-volume production)
- A one-time occurrence
- An intermittent need
Unlike the H-2A visa (which is specific to agricultural labor), the H-2B visa applies to a wide variety of industries, making it especially useful across Texas.
Industries in Texas That Rely on H-2B Workers
Texas’s diverse economy makes it one of the top states for H-2B visa usage. Seasonal employment needs vary by region and industry, but some of the most common sectors include:
Hospitality and Tourism
Hotels, resorts, and recreational businesses across Texas—especially in areas like the Hill Country, Gulf Coast, and major cities—frequently rely on H-2B workers during tourist-heavy seasons.
Landscaping and Groundskeeping
Landscaping companies often see a spike in demand during spring and summer. H-2B visas help them hire workers to maintain residential properties, golf courses, and commercial grounds.
Construction
Although construction typically operates year-round, certain types of outdoor work or project surges may qualify as seasonal or peakload, allowing employers to seek H-2B labor.
Seafood and Food Processing
Along the Texas Gulf Coast, the seafood and processing industries often use H-2B visas to meet short-term demands during harvesting and distribution cycles.
The H-2B Visa Process: Step-by-Step
Obtaining H-2B workers involves several steps and coordination between U.S. Citizenship and Immigration Services (USCIS), the Department of Labor (DOL), and the Department of Homeland Security (DHS). Here’s a simplified overview:
Prove the Need for Foreign Labor
Employers must show that:
- The job is temporary in nature
- There are not enough qualified U.S. workers who are willing or available to perform the work
- Employing foreign workers will not negatively affect the wages or working conditions of U.S. workers
This typically involves submitting a temporary labor certification application to the DOL.
Apply for Labor Certification
Once the need is established, the employer files Form ETA-9142B with the DOL and conducts a recruitment effort to show that U.S. workers were given a fair chance to apply.
File Form I-129 with USCIS
After receiving labor certification, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. If approved, the foreign worker can apply for the visa at a U.S. consulate abroad.
Visa Issuance and Entry
Once the visa is granted, the seasonal worker may enter the U.S. to begin employment. The visa is typically valid for up to nine months but can be extended under certain conditions.
Important Considerations and Limitations
- Cap Limits: There is a numerical cap of 66,000 H-2B visas issued per fiscal year—33,000 for the first half and 33,000 for the second half. However, supplemental visas may be available depending on Congressional or executive action.
- Worker Protections: Employers must comply with specific wage and working condition standards. Violations can result in penalties or disqualification from future H-2B use.
- Timing Is Crucial: Because of high demand and time-sensitive processing, Texas employers should begin the H-2B process months in advance of their peak season.
How Zepeda Law Firm Assists Texas Employers
At Zepeda Law Firm, we guide Texas businesses through each phase of the H-2B process, ensuring that applications are filed correctly and on time. Our services include:
- Assessing your company’s eligibility for H-2B workers
- Preparing and filing DOL and USCIS petitions
- Ensuring compliance with labor and immigration laws
- Responding to audits or requests for evidence (RFEs)
- Advising on wage, housing, and transportation responsibilities
We understand how critical seasonal labor is to your business, and we’re here to help you meet your goals while staying compliant with federal laws.
Need Help With Seasonal Worker Visas in Texas?
Hiring foreign seasonal workers can be the key to keeping your business running smoothly during peak times, but the process is complex and time-sensitive. Zepeda Law Firm is here to help Texas employers successfully navigate the H-2B visa system from start to finish.
Contact us today to learn how we can support your seasonal labor needs with sound legal guidance.