🗓️ H-2B Process Timeline

Your complete step-by-step guide through the H-2B process

📋 Phase 1: Pre-Application (6-8 months before need date)

✅ Step 1: Determine Labor Need

  • Timeline: 6-8 months before workers needed
  • Action: Determine dates of your contract and calculate number of workers needed

✅ Step 2: Prevailing Wage Request

  • Timeline: 6-7 months before need date
  • Action: Submit prevailing wage request to DOL
  • Duration: 30-60 days for determination

🏛️ Phase 2: DOL Labor Certification (3 months before)

✅ Step 3: Job Order & Recruitment

  • Timeline: 2-3 months before need date
  • Action: Post job order with State Workforce Agency and Department of Labor
  • Duration: Until 21 days before start date
  • Requirements: Recruit US workers first
  • Outcome: DOL approval/denial of temporary labor certification

🏢 Phase 3: USCIS Petition (1-2 months before)

✅ Step 4: I-129 Petition

  • Timeline: After DOL approval, 1-2 months before need date
  • Action: Submit Form I-129 to USCIS
  • Duration: 2-4 months processing (or 15 days with premium)
  • Requirements: DOL certification, supporting documents

✅ Step 5: USCIS Approval

  • Timeline: 1-2 months before need date
  • Outcome: I-797 approval notice
  • Next Step: Workers can apply for visas

🛂 Phase 4: Worker Visa Process (1-2 months before)

✅ Step 6: Consular Processing

  • Timeline: 1-2 months before need date
  • Action: Workers apply for H-2B visas at US consulates
  • Duration: 2-4 weeks processing
  • Requirements: Passport, photos, DS-160, interview

✅ Step 7: Visa Issuance & Travel

  • Action: Workers receive visas and travel to US
  • Entry: Present documents at port of entry

🏭 Phase 5: Employment Period

✅ Step 8: I-9 Completion

  • Timeline: Within first 3 days of employment
  • Action: Complete Form I-9 for each worker
  • Requirements: Verify work authorization documents

✅ Step 10: Ongoing Compliance

  • Timeline: Throughout employment period
  • Requirements:
    • Maintain prevailing wage rates
    • Keep required records
    • Report worker departures
    • Provide required working conditions

📊 Key Deadlines Summary

MilestoneTimelineProcessing Time
Prevailing Wage6-7 months before30-60 days
Job Order Posting3 months before30+ days
DOL Certification3 months before90-120 days
USCIS Petition1-2 months before15-30 days
Consular Processing1-2 months before2-4 weeks
Worker ArrivalTarget start date-

⚠️ Critical Success Factors

🎯 Start Early

  • Begin process 6-8 months in advance
  • Account for potential delays and RFEs

📋 Documentation

  • Keep detailed records of all recruitment efforts
  • Maintain wage and hour documentation

🤝 US Worker Recruitment

  • Genuine effort to recruit US workers first
  • Document all recruitment activities

💰 Wage Compliance

  • Pay prevailing wage or actual wage (whichever is higher)
  • Maintain consistent wage rates