Editor's Note: Utilizing H-2B workers has long been common in the landscaping industry but it can also be used for winter services when done correctly. This special section takes a deep dive into the process, employer requirements, acclimating workers, and important information for the upcoming application period.
In the early hours of a January morning in Northwest Arkansas, two men were detained by federal immigration officers while enroute to their landscaping jobs. A similar scene unfolded in Indian River County, Florida, where a landscaping company reported that three of its employees were taken into custody during a coordinated operation involving Immigration and Customs Enforcement (ICE) and local law enforcement.
These incidents underscore the challenges faced by companies that rely on seasonal labor. The H-2B visa program has long served as a vital resource for these businesses, allowing them to legally employ foreign workers during peak seasons. However, the program is not without its complexities and limitations. Employers must navigate a rigorous application process, adhere to strict compliance requirements, and contend with annual visa caps that often fall short of industry demand.
As the winter season approaches, snow and ice management companies must weigh the benefits and challenges of utilizing the H-2B program. While it offers a legal pathway to meet labor needs, the program's constraints and the broader context of immigration enforcement add layers of uncertainty to workforce planning.
In this special section, we will delve deeper into how the H-2B program operates, its significance for snow and ice management companies, and the obstacles that employers must overcome to effectively utilize this resource.
Before it became essential to snow removal teams and resort crews, the H-2B visa was just a quiet clause in the Immigration and Nationality Act of 1952. Originally part of a single “H-2” category for temporary workers, it was later split into two programs by the Immigration Reform and Control Act of 1986—H-2A for agricultural jobs and H-2B for everything else. Over time, H-2B grew into a workforce strategy for industries like landscaping and snow and ice management that needed hands-on help, but only for part of the year.
These employers learned that when business surges with the seasons, flexibility is everything—and H-2B delivers just that.
Despite its quirks, the H-2B program remains one of the few legal pathways for seasonal employers to scale up without overcommitting year-round. It requires paperwork, timing, and patience — but for thousands of U.S. businesses, it’s the only route that makes operational and legal sense. In a labor market full of shifting rules and rising scrutiny, H-2B isn’t perfect — but it’s a path that works when you learn how to walk it.
H-2B in action: How the process works
Today, the program allows for 66,000 visas per fiscal year (a cap in place since 1990) split evenly between October through March and April through September. When more petitions are received than visas available, often within the first day of filing, employers are entered into a randomized lottery. Sometimes, there’s a bonus round — a supplemental cap — where the Department of Homeland Security releases extra visas mid-year, often with strings attached (e.g., only available to returning workers or certain countries). The randomized lottery adds a layer of unpredictability, but also urgency.
Applying for the H-2B program isn’t a single form you fill out and forget. It’s more like a relay race between three federal agencies, with each handoff requiring precision—and a stack of paperwork. The Department of Labor (DOL), Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) all get their turn with your case. Here's how it plays out:
Ask the Department of Labor for the minimum legal wage for the role you’re hiring. You’ll need to prove you’re offering at least that wage to any H-2B workers and their U.S. equivalents.
File for TLC certification to prove:
Recruit U.S. workers — not just to check a box but to show real effort. That means placing ads at the physical worksite, posting jobs with your state workforce agency, and reaching out to past U.S. employees. Only when this process comes up short — which it almost always does — can you move on to hiring H-2B workers.
Once you’ve received a certified TLC, file Form I-129 (the formal petition for H-2B status). USCIS reviews the petition and, if satisfied, gives the green light for your named or unnamed workers to move to the next stage. USCIS is the guardian of the visa numbers. A receipt with USCIS holds the spots.
Your workers take their approval to a U.S. embassy or consulate in their home country for visa stamping and interview. Once approved, they’re cleared to travel and report for work.
Strategies to maximize H-2B regulations
If you have weathered more than one H-2B storm, this section is for you. Between us, you love and hate this program, right? Probably in the same week.
It’s not the concept you hate — it’s the inconsistency. One year you get workers on time, the next year you're capped out and staring at 10-day forecasts with no one to trim the hedges or finish the hardscaping. That unpredictability? It’s maddening.
But here’s the good news: you can build consistency with strategies that are legal, proven and used by some of the most successful seasonal employers in the country.
Your season might technically start in spring. But if you wait to file for a spring start date (April 1 or later), you’re entering the lion’s den. Most applicants — especially landscaping and hospitality companies — flood the system for those spring visas. The result? The odds of selection drop fast: 1-in-3 and sometimes worse.
By filing for an October 1 start date (the fall cap) for a snow removal visa, you’re entering a smaller pool with tremendously better odds. Even if your snow contracts don’t ramp up until December, filing for a fall start date doesn’t mean you’re stuck. Craft a job description that reflects the full scope of your seasonal need — from preseason equipment prep, salt staging and site walkthroughs in the fall, to full-force snow and ice removal in the winter. That way, your workers are already in place and ready when the real weather hits. No scrambling, no last-minute petitions — just boots on the ground when it counts.
Once a worker is counted under the cap in any given fiscal year, they’re cap-exempt for the rest of that year. This means if you file a petition for fall, and your workers enter in October, you can later file a new petition (even with a different job or location) and bypass the cap. That’s why many snow companies use the fall window to lock in workers who can legally transition into winter and spring roles without the cap headache.
Missed out on the cap? Or getting started late in the season? You might not be out of options. If another employer’s snow-heavy workload wraps up in March, their cap-counted H-2B workers may be looking for their next assignment — and that’s where you come in.
With the right paperwork (a named petition and valid job offer), you can legally bring on cap-exempt workers who are already in the U.S. — no consular delays and no visa cap to worry about. Just a chance to finish your season strong with a crew that’s already trained, vetted and ready.
These H-2B handoffs are already happening quietly across industries — a snow crew handing off to a landscaper in Illinois; a ski resort transferring staff to a golf course in Georgia. It’s legal. It’s strategic. And if you’re not exploring it, you’re probably leaving talent on the table.
You can file more than one H-2B petition per season — as long as they’re for different jobs or locations with genuine need. Once they are here, they can be transferred between the different petitions. This gives them multiple shots at the cap while spreading out the risk of denial or lottery loss. You don’t have to put all your eggs in one cap-date basket.
The H-2B program is a powerful tool — but it’s not plug-and-play. Between shifting caps, new compliance rules, site visits, and visa lotteries, the stakes have never been higher. Whether you’re filing early to beat the odds or hoping to bring in cap-exempt workers to salvage a season, one thing is clear: you need to work with a team who knows how to navigate this storm. With the right strategy and support, you can turn uncertainty into opportunity — and keep your business moving, no matter what the forecast says.
The not-so-fine print: H-2B employer obligations
Getting workers here is one thing. Keeping your business compliant is another. H-2B employers are on the hook for a long list of obligations — some reasonable, some rigid, all enforceable. You must:
Housing, wheels and real life: The practical side of H-2B
Once your H-2B workers arrive, the job is just beginning — and not just for them. Employers often wonder: Do I have to provide housing? Can my workers get around? What happens if someone wants to get a driver’s license? Here’s what you need to know.
H-2B does not require employers to provide housing. That said, most companies choose to offer it because it’s easier. Housing helps ensure workers show up reliably and on time (especially in areas with no public transportation); control costs; and maintain accountability.
Employers who offer housing typically deduct reasonable costs from paychecks, so long as the rates are approved and disclosed. Others provide free housing as a recruitment incentive, or lease properties nearby and charge below-market rent to cover utilities and upkeep. There’s flexibility — but no excuse for substandard conditions. If you offer housing, it must be clean, safe and compliant with state and local laws.
Transportation isn’t required but it can make or break your operation. In rural or suburban areas, many H-2B workers can’t just hop on a bus to the jobsite. Employers often provide daily transport — via van or carpool — or coordinate ridesharing within crews.
Here’s a fun fact that surprises a lot of people: H-2B workers can get driver’s licenses. As long as they bring their visa, passport and I-94 record, they’re eligible to apply in most states. Some employers even help experienced workers apply for licenses so they can drive the crew vehicle. It’s one of the easiest ways to build internal leadership and cut down on logistical stress.
H-2B workers are legally authorized to live and work in the U.S. for the duration of their visa. That means they can open bank accounts; send money home through remittance services; shop, travel locally, and live fairly normal lives. What they can’t do: work for another employer, start a side hustle, or stay past their authorized period without consequences.
Nataly Mualem is owner of the Mualem Firm in Ohio. She is an immigration attorney with expertise in the H-2B visa process. Learn more at www.mualemfirm.com or email her at natalymualem@mualemfirm.com.