Finding reliable seasonal labor is one of the biggest challenges in the paving industry. One answer to this problem is employing seasonal workers through H-2B visas from other countries to work during this temporary high season. While the H-2B visa can be a great solution, the ins and outs of the process can be confusing. That’s where using a professional immigration attorney can help.
In 2023, one of our Pavement Network members, C&R Asphalt, had success bringing in summer workers using the H-2B visa. The Pavement Network reached out to their immigration contact, Sintsirmas & Mueller, a nationwide employment based immigration law firm, to understand how our members can learn more about this visa opportunity.
Caroline Mueller has practiced law since 1992, focusing on employment-based and family immigration. She admits that the process can seem daunting and there are specific deadlines for paperwork, but she also carefully looks at applicants before entering the process to ensure they’ll qualify for temporary workers. “It’s full transparency from the outset. I’m not going to take your money if I don’t think you’ll get certification,” she assures our network. She is confident in paving companies’ ability to document a need for seasonal workers. “An outdoor industry will get certified.”
The H-2B Application Process
The U.S. government approves H-2B visas in two batches, releasing 33,000 visas on October 1 and another 33,000 on April 1. Over 170 countries are eligible under H-2B requirements. In addition to these visas, another 19,000 visas are issued to returning workers, and an additional 20,000 from the Northern Triangle countries of Guatemala, Honduras, and El Salvador. With so many visas available, industries requiring seasonal labor are almost assured to get them. “If you want workers, as long as you’re flexible with their country of origin, we can help,” Mueller says.
The first step is to reach out to Mueller or another immigration attorney specializing in H-2B visas. For Mueller’s firm, the process looks like this:
- Notify the firm of your interest in acquiring H-2B temporary workers.
- Mueller and associates will send an information packet with requirements and FAQs. They require two months of payroll records. These don’t need to be concurrent months but instead, prove the business has a peak period and a lower period of activity.
- The firm files a prevailing wage based on the information the company provides and on its location (county and state).
- Next, the firm files petitions requesting the workers. Once approved, H-2B workers can stay in the U.S. for up to nine months. The first day of this period begins on April 1.
- The immigration firm locates and hires temporary workers.
- Workers are transported to their employer’s locations.
- After the season, employers must provide transportation back to the employees’ countries of origin.
Petitions must be filed between January 1 and January 3. Within these three days, petitions are sorted into groups and designated with letters (A, B, C, etc). “Technically, it’s a bit of a lottery, but if you want workers, you’re likely to get them,” Mueller says.
After the Application Process
The Department of Labor looks at each case based on its group. They verify all information and needs, so it’s important that all of this is correct, one reason to work with a professional immigration attorney. This process typically takes fifteen days. Once the Department of Labor approves the application, it moves to the consulate of the country where the workers will come from. In the case of Mueller’s law firm, they work with recruiters within those countries who screen candidates. The firm pays for this upfront, and companies will reimburse these fees once they’ve received their workers.
Once the employees are hired in their countries of origin, the firm issues disbursement statements. These statements typically include a $150 visa fee, a transportation fee, and meals. The fees will vary depending on the employers’ locations. The fee to transport a worker to Ohio, where Mueller is based, is around $500.
The certification process is rolling, so Group A may have employees approved and ready to go on April 1, while companies in Group D might not have employees until a little later in the season. Still, the process is set up so employers can get these temporary workers in time for their high seasons.
One advantage of going through the H-2B process is that approval is granted for a three year period. In the second and third years that a company applies for workers, they don’t have to prove their need for seasonal workers. After this three year period, the company will have to be recertified.
Sample FAQs on the H-2B Visa
Mueller includes an extensive FAQ sheet in their informational packet, but a few answers to common questions are included below:
- The job opportunity must be a full-time, temporary position of at least 35 hours per workweek.
- The employer must either advance all visa, border crossing, and visa-related expenses to H-2B workers, pay for them directly, or reimburse all such expenses in the first workweek.
- The employer must also continue to accept State Workforce Agency referrals and hire all qualified and eligible U.S. workers who apply for the job until 21 days before the job order starts.
For more information on how to apply for the H-2B visa, reach out to Caroline Mueller at Sintsirmas & Mueller.
If enough Pavement Network members are interested in learning more, Mueller can also provide a virtual call to the group about the visa and compliance. Contact Aryn, the Pavement Network admin, at admin@pavementnetwork.com if you’re interested in learning more.