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Employers must first apply for and obtain a Prevailing Wage Determination (PWD) from the National Prevailing Wage Center to set the wage for H-2B and U.S. workers. This wage may vary from year to year, increasing or decreasing depending on labor market conditions. The required wage must be the highest of the prevailing wage, or the federal, state, or local minimum wage applicable to the job in the area of intended employment during the H-2B certification period. The “H-2B mean wage” is classified as Level 3, meaning it is well above the federal minimum wage. Obtaining a PWD typically takes 4–6 weeks but may take longer depending on demand. For FY24, the average H-2B wage for landscaping workers is approximately $16.00 per hour.
Employers must file the ETA-9142B, commonly known as the main application. This application includes the Prevailing Wage Determination, proof of a job order placed with the local State Workforce Agency (SWA), and other employer-specific information.
The SWA and CNPC review the application and job order for completeness and compliance with program requirements. The Department of Labor (DOL) is obligated to notify employers within seven business days whether their application has been accepted for processing (a “Notice of Acceptance”) or, alternatively, issue a Notice of Deficiency (NOD).
After an employer’s application is accepted, employers actively recruit American workers for the job. This includes posting online with the State Workforce Agency and on the USDOL’s Public Job Registry, placing internal job postings at the place of employment, and contacting former employees. This process is referred to as Initial Recruitment.
If American workers are hired, the Department of Labor (DOL) reduces the number of H-2B workers an employer can petition for by the number of American workers hired. DOL then issues an approved ETA-9142 labor certification, attesting that no willing, qualified, or able American workers could be found for the remaining H-2B positions. The employer may then proceed to file an I-129 nonimmigrant visa petition with U.S. Citizenship and Immigration Services (USCIS) (see cost breakdown below).
With premium processing, USCIS action must occur within 15 calendar days. CIS can issue a Request For Evidence which results in delay. USCIS has up to 15 additional days to approve or deny upon receipt of an RFE response. If a case is denied, an appeal must be filed within 30 days and USCIS charges $675.
USCIS reviews the petition to confirm the temporary nature of the employment opportunity and other details of employment validity. Once approved, USCIS notifies the U.S. embassies and consulates in the countries from which the employer seeks to hire H-2B workers.
Once an employer has recruited the foreign worker they want to hire and the appointment has been made, the worker applies for an H-2B visa at the U.S. Embassy or Consulate in his or her home country. The Department of State interviews the applicants and conducts background security checks. Once a visa is issued, the employees travel at the employer’s expense to the United States to be hired for work. Employers must pay for the I-94 card ($6), cost of travel, daily subsistence (meals), and overnight lodging from the worker’s home to the place of employment. Average total cost of bus transportation, subsistence, and lodging for a worker from Mexico is approximately $415 per worker.
Total Costs: An H-2B application represents a single occupation in a geographic area for a set number of workers. Government application fees are not affected by the number of workers. If an employer intends to employ workers in multiple occupations, he would have to file separate applications for each job category (ex. Housekeepers and wait staff) Government fees: USCIS – $2,595 – $3,515 per application Department of State – $190 per worker Agent Fees: Application preparation fee – generally ranges from $2,500 to $4,500 per application. Some agents charge a per-worker fee in addition to the base application fee. Other Fees: Worker agent fees (assistance with the visa application process in the foreign country) – usually between $50 and $130 per worker. Worker travel reimbursement (inbound and outbound travel, food and lodging costs for foreign workers and non-local US workers) – ranges from $350 (bus fare to S. states close to the Mexican border) to over $1,000 per worker from non-contiguous countries ex. South AfricaBorder crossing fee $6 per worker. Given the variables of agent fees, transportation costs and worker countries of origin it is hard to generalize but it typically costs between $1,500 and $3,000 per worker in fees and costs to participate in the H-2B program. Employer-paid housing subsidies are another variable which is hard to quantify.
