Frequently Asked Questions

Is my business eligible for the H-2B program?

Most companies in the green industry and the hospitality and construction industries are sufficiently seasonal in nature to qualify for the H-2B program.

How long does the process take?

Approximately 5 months. The various government departments involved require a minimum of 120 calendar days to process an H-2B application. International Personnel Resources suggests that you give yourself an additional 15 to 45 days for information gathering between our companies in order to initiate the H-2B application with the Department of Labor. You may review our Filing and Processing Schedule for a complete scheduling timeline.

What is the most time they can spend here?

Typically, the Department of Labor will not approve an H-2B seasonal petition for much more than 10 months.

How much do I have to pay these employees?

You must pay these employees the prevailing wage for the job they are being hired for. So, for example, if the Department of Labor determines that the prevailing wage for a landscaper is $9 per hour, then you must pay any foreign employees you hire through the H-2B program at least 95% of that wage, or $8.55.

How do I go about recruiting them?

International Personnel Resources will utilize our referral database and/or assist you in accessing local Hispanic community based resources to recruit your foreign laborers.

Am I responsible for housing and transporting the employees?

No. By recruiting through your local Hispanic community based resources, the individuals you employ will already have family roots in the neighborhood when they arrive. This will solve most of the housing and transportation requirements that they will have as well as assist them in acclimating to your local area.

If I have employees here now that I would like to make legal, is this the way to do it?

This program is not intended to legalize anyone who has any history of being in the United States illegally.

Once the workers get here, what's to stop them from leaving me and working for someone else?

The worker's visa restricts him/her from working for any other company. The worker's visa will state your company's name and their social security card will state "With Work Authorization Only". Therefore, if the worker attempts to utilize the visa and/or social security card for any other employer, s/he stands the risk of loosing all future opportunities of obtaining a visa.

What happens the second year?

Each year you must get re-certified. While it is rare that a company that has previously been H-2B certified is denied re-certification, it is still required that every company reapply annually to participate in the H-2B program.

How many times can a worker come up on the H-2B program?

Indefinitely. One of the most important benefits of this program is that it offers you the opportunity of retaining trained seasonal employees. You do not have to start all over again with training an entirely new staff each spring. Most employees, if treated fairly and with respect, will want to return to your company year after year.