3 minute read
NATALY MUALEM
Is your business a good candidate for the H-2B VISA Program?
The H-2B visa program can be a great solution for businesses facing labor shortages during peak seasons, but it’s important to assess whether your business is a good fit. Here are key factors that make a company ideal for the program:
Good Candidates for H-2B Visas
1. Need at Least Four Workers – While there is no minimum worker requirement, the costs associated with the H-2B process, such as recruitment, legal fees and application costs, will add up. Typically, businesses needing at least four workers start to see these costs become more affordable on a per-worker basis, as the expenses are spread across more employees and more affordable than temp agencies.
2. Seasonal Work – The program is designed for businesses with a temporary, seasonal need for additional labor. Landscaping, hospitality and construction companies with busy periods at certain times of the year are well-suited for the H-2B visa.
3. Good Organizational Skills – The application process and compliance require a business to be well-organized. This includes managing recruitment efforts, maintaining records and
seasonal or temporary labor needs. If your business operates the exact same year-round, it likely won’t meet the program’s requirements for temporary labor.
responding to Department of Labor requests efficiently. A company that is structured and detail-oriented is better equipped for this process.
4. Records Retention – Strong recordkeeping is crucial to the H-2B process. Employers must keep detailed records of payroll, recruitment and employee status. Being prepared for potential audits or requests for documentation is key to staying compliant and avoiding delays.
Bad Candidates for H-2B Visas
1. Disorganized Operations – If your business struggles with maintaining proper records or quickly responding to document requests, the H-2B process can become overwhelming, leading to compliance issues or delays.
2. Year-Round Work – The H-2B program is intended for businesses with
3. Insufficient Need – Businesses that can’t keep workers busy for at least 35 hours per week throughout the season may not benefit from the program. The H-2B visa is designed for companies with a consistent labor demand during their peak season.
If your business can efficiently manage the upfront costs, maintain organized operations and has a genuine seasonal need for workers, the H-2B visa program can be a powerful tool to secure a reliable, temporary workforce. However, if your business operates year-round or cannot maintain consistent hours for workers, it may not be the best fit.
CONTACT
Nataly Mualem
Managing Attorney
Mualem Law Firm
Phone: (216) 312-4700 www.mualemfirm.com
