H-2B Temporary Non-Specialty Visa Lawyer in Houston, TX
The H-2B is the primary temporary work visa for non-agricultural employers who need to fill seasonal, peak-load, one-time, or intermittent labor needs and cannot find sufficient qualified U.S. workers. It is one of the most process-intensive nonimmigrant visas, involving multiple federal agencies, strict deadlines, and an annual cap that fills fast.
At Prosperity Immigration Law, our immigration attorneys, led by Luis F. Hess, works with Houston-area employers in hospitality, landscaping, construction, healthcare support, and other industries to manage the H-2B process from labor certification through petition filing and worker entry.
What Is the H-2B Visa?
The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs when sufficient U.S. workers are unavailable. Unlike the H-1B, the H-2B does not require a specialty degree, it covers a broad range of industries including:
The employer, not the worker, drives the entire application. Before filing with USCIS, the employer must first obtain a Temporary Labor Certification (TLC) from the U.S. Department of Labor demonstrating that no qualified U.S. workers are available for the position.
Annual Cap and FY2026 Updates
The H-2B cap is set at 66,000 visas per fiscal year, 33,000 per half, and fills within days of each filing window opening.
For FY2026, DHS and DOL added up to 64,716 supplemental visas on top of the statutory cap; the second-half statutory cap was reached on March 20, 2026. Supplemental petitions require an employer attestation of irreparable harm.
An additional 20,000 visas are reserved annually for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.
The Four Types of Temporary Need
The employer must establish that the need for workers falls into one of four recognized temporary categories:
Seasonal need
Employment tied to a season or event recurring predictably, for example, a summer resort, a holiday retail rush, or a landscaping company's spring and fall peaks.
Peak-load need
The employer needs to supplement permanent staff for a short period due to an unusual spike in demand. The supplemental workers will not become part of regular operations.
One-time occurrence
An unusual event the employer has not previously encountered and is not expected to repeat. The need must be truly one-time and can last up to three years.
Intermittent need
The employer does not employ permanent workers in the position but occasionally needs temporary staff for short periods.
Employer Obligations
The H-2B Application Process: Step by Step
- Prevailing Wage Determination: Employer files Form ETA-9141 with DOL's National Prevailing Wage Center at least 60 days before needing the determination. Processing: approximately 30–90 days
- File Application for Temporary Labor Certification: Employer submits Form ETA-9142B through the FLAG system, no more than 90 days and no less than 75 days before the date of need.
- DOL recruitment period: After receiving a Notice of Acceptance, the employer conducts U.S. worker recruitment within 14 days, including contacting former workers, posting with the State Workforce Agency, and other required steps.
- Receive Temporary Labor Certification: DOL certifies the employer's need after reviewing recruitment results and confirming U.S. worker unavailability.
- File Form I-129 with USCIS: Filed no more than 90 days before the date of need. A single I-129 petition can cover up to 25 workers for the same job, location, and time frame.
- Workers apply for visa stamps and enter: Workers apply at a U.S. consulate abroad. Workers already in H-2B status may change employers or extend stay under specific rules.
What Our Clients Say
Why Choose Prosperity Immigration Law
Frequently Asked Questions About H-2B Visa
The statutory cap is 66,000 (33,000 per half). Congress has authorized DHS and DOL to issue supplemental visas in recent fiscal years, FY2026's supplemental allocation added 64,716 additional visas. Despite supplementals, caps fill quickly and applications must be timed carefully.
Yes. Spouses and children of H-2B workers may apply for H-4 dependent status, allowing them to live in the U.S. for the same period as the principal worker. H-4 dependents of H-2B holders are not authorized to work.
Speak With an H-2B Temporary Non-Specialty Visa Lawyer in Houston Today
Whether you are a Houston-area employer planning your seasonal workforce, navigating the supplemental cap process, or managing H-2B compliance obligations, our team is ready to help. We serve clients in Houston, The Woodlands, Shenandoah, Katy, and across Montgomery and Harris Counties.
Contact us today to discuss your staffing needs and get a clear picture of your filing timeline before the season begins.
Our Offices
Houston
7322 Southwest Fwy, Tower One, 4th Floor, Suite 470
Houston, TX 77074
(281) 545-3607
Harris County
21815 Oak Park Trails Dr,
Katy, TX 77450
(281) 801-5726
The Woodlands
282 Ed English Dr,
Shenandoah, TX 77385
(281) 949-7126