H2B Program Guide

H-2B Program Checklist for Texas Landscape Companies The H-2B visa program allows Texas landscape contractors, lawn care companies, irrigation firms, and outdoor service businesses to hire temporary foreign workers when there are not enough available U.S. workers to meet a seasonal, peak-load, intermittent, or one-time need. Landscaping is one of the most common industries utilizing H-2B workers.

Before You Begin: Determine Eligibility Business Qualification Checklist ☐ Your labor need is temporary (seasonal, peak-load, intermittent, or one-time occurrence) ☐ You can demonstrate a shortage of available U.S. workers ☐ Jobs are non-agricultural (landscape maintenance, installation, irrigation, lawn care, hardscape labor, etc.) ☐ You have a federal EIN ☐ You maintain Workers' Compensation coverage ☐ You have payroll and HR systems capable of handling visa workers ☐ You can pay the required prevailing wage ☐ You can document your temporary labor need The H-2B program requires employers to prove the need is temporary, even if the business itself is permanent.

180–150 Days Before Workers Are Needed Workforce Planning ☐ Determine the number of workers needed ☐ Identify job titles and duties ☐ Establish work locations

☐ Determine anticipated start and end dates ☐ Estimate labor budget ☐ Decide whether to work with an H-2B agent, attorney, or self-file Gather Documentation ☐ Prior year payroll records ☐ Business licenses ☐ Tax records ☐ Workers' Compensation information ☐ Historical staffing records ☐ Contracts demonstrating seasonal demand ☐ Organizational chart ☐ Recruiting history

150–120 Days Before Start Date Obtain Prevailing Wage Determination (PWD) ☐ File Form ETA-9141 through the Department of Labor FLAG system ☐ Receive Prevailing Wage Determination ☐ Review wage requirements and budget impact The prevailing wage determination is generally the first major step in the H-2B process.

120–90 Days Before Start Date Submit Job Order ☐ File job order through the Department of Labor FLAG System

☐ Open a corresponding job posting through WorkInTexas.com ☐ Clearly describe duties, hours, wages, and work locations ☐ Begin domestic recruitment efforts Texas employers must submit a job order and maintain a WorkInTexas posting as part of the recruitment process.

90–75 Days Before Start Date File H-2B Labor Certification ☐ Submit Form ETA-9142B ☐ Include supporting documentation ☐ Respond promptly to DOL requests ☐ Conduct required U.S. worker recruitment ☐ Maintain recruitment records ☐ Complete interviews of qualified U.S. applicants ☐ Document hiring decisions The Department of Labor must certify that hiring H-2B workers will not adversely affect U.S. workers and that sufficient domestic workers are unavailable.

After Labor Certification Approval USCIS Petition ☐ File Form I-129 with USCIS ☐ Include approved labor certification ☐ Pay USCIS filing fees ☐ Track petition status

☐ Receive approval notice After receiving labor certification, employers file Form I-129 with USCIS.

Before Workers Arrive Transportation & Housing Planning Unlike H-2A, H-2B does not require free housing. However, many Texas landscape companies provide housing or housing assistance to improve recruitment and retention. ☐ Secure worker housing if offered ☐ Arrange transportation ☐ Verify vehicle insurance ☐ Prepare orientation materials ☐ Establish payroll and timekeeping procedures ☐ Translate safety materials if needed ☐ Develop onboarding procedures

Upon Worker Arrival Compliance Requirements ☐ Complete Form I-9 verification ☐ Provide employment agreements ☐ Conduct safety orientation ☐ Review company policies ☐ Train on equipment operation ☐ Document worker arrival dates ☐ Establish payroll records

☐ Verify driver's licenses (if applicable)

Ongoing Compliance Wage & Recordkeeping ☐ Pay prevailing wage or higher ☐ Maintain payroll records ☐ Track hours worked ☐ Retain recruitment records ☐ Maintain Workers' Compensation coverage ☐ Comply with federal and state labor laws ☐ Follow all H-2B worker protections Employers must maintain required wage and employment records throughout the employment period.

Budget Worksheet Categories Plan for: Government Fees ☐ Prevailing Wage Determination filing ☐ Labor Certification filing ☐ USCIS filing fees Recruiting Costs ☐ Newspaper advertisements ☐ Recruitment expenses ☐ Legal or agent fees

Employment Costs ☐ Wages ☐ Payroll taxes ☐ Workers' Compensation ☐ Uniforms and PPE ☐ Transportation ☐ Housing assistance (if offered) Administrative Costs ☐ HR administration ☐ Recordkeeping ☐ Compliance management

Texas Resources Texas Workforce Commission (TWC) Texas Workforce Commission Foreign Labor Certification Program Provides assistance with H-2B job orders, recruitment requirements, and state workforce processes.

TWC Foreign Labor Certification Contact Foreign Labor Certification Unit: (512) 475-2571 Employer Services: (866) 274-1722

Federal Resources U.S. Department of Labor

Foreign Labor Application Gateway (FLAG) System U.S. Department of Labor H-2B Program DOL Foreign Labor Certification Program USCIS H-2B Program USCIS H-2B Temporary Non-Agricultural Workers

Recommendation for Texas Landscape Companies For a first-time H-2B application, start planning at least 5–6 months before your anticipated start date. Because the H-2B program is subject to annual visa caps and strict filing windows, many Texas landscape companies work with experienced H-2B attorneys or labor contractors during their first application cycle. Early planning significantly improves the chances of securing workers when needed.

A good next step is to build an annual labor calendar showing your busy seasons (spring installations, irrigation season, fall color change-outs, holiday lighting, etc.) and work backward from your desired worker start date. This makes it much easier to meet the H-2B filing deadlines.