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H-2B visas for landscaping and seasonal work

H-2B visas for landscaping and seasonal crews: who qualifies, the 66,000 annual cap, filing timelines, worker protections and how to plan your season.

Ava research teamPublished 7 min read

On this page
  1. Why landscapers look at H-2B
  2. Who qualifies
  3. The annual cap
  4. The process step by step
  5. Worker protections and employer duties
  6. A season timeline
  7. Budgeting and treating workers as part of the crew
  8. How long workers can stay
  9. Local recruiting still comes first
  10. If the cap is reached before your petition
  11. Is H-2B right for your company?
  12. Frequently asked questions
  13. References

Key takeaways

  • The H-2B cap is 66,000 a fiscal year: 33,000 for workers starting October 1 to March 31 and 33,000 for April 1 to September 30[1].
  • The cap for the first half of fiscal year 2027 was reached on September 4, 2026, so winter and early-spring starts fill fast[1].
  • Employers file for DOL labor certification no more than 90 and no less than 75 calendar days before the date of need, then file Form I-129 with USCIS[2][3].
  • Employers may not collect job placement or other prohibited fees from H-2B workers at any time[3].

Why landscapers look at H-2B

Landscaping is the most seasonal trade in home services. Employment in landscaping services rose from 756,000 in January 2025 to 1,014,200 in July 2025[4], and peaked at 1,016,900 in July 2026 after 776,400 in February[5]. Filling a quarter or more of your crew every spring is hard in a tight labor market, especially for physical outdoor work. The H-2B program lets employers bring in foreign workers for temporary non-agricultural jobs when there are not enough US workers,.

It is not a quick fix. The process takes months, the number of visas is capped, the cap often fills early, and the employer takes on legal obligations to the workers. Owners who use it well treat it as a planned, annual program, not an emergency measure.

Who qualifies

To use the program, the employer must establish that there are not enough US workers who are able, willing, qualified and available to do the temporary work, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed US workers[3]. The need must be temporary, which can be a one-time occurrence, a seasonal need, a peakload need or an intermittent need[3].

For landscaping, the usual fit is seasonal need, tied to the growing season, or peakload need, where permanent staff are supplemented in busy months. The temporary need has to be real and documented: payroll records showing the seasonal swing are the usual evidence. Landscaping services paid only 19.3% of their 2023 annual payroll in the first quarter, compared with 25.9% across all industries[6], which is the kind of pattern your own records should show.

The annual cap

Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year, October 1 through March 31, and 33,000 for those who begin in the second half, April 1 through September 30[1]. Workers who extend their stay, change employers or change the terms of employment are not counted against the cap, nor are workers already counted in the same fiscal year[1].

H-2B annual cap by half of the fiscal year
H-2B annual cap by half of the fiscal yearStacked bar chart. First half (Oct 1 to Mar 31): 33,000; Second half (Apr 1 to Sep 30): 33,000.First half (Oct 1 to Mar 31): 33,000 (50%)Second half (Apr 1 to Sep 30): 33,000 (50%)H-2B annual cap by half of the fiscal yearStacked bar chart. First half (Oct 1 to Mar 31): 33,000; Second half (Apr 1 to Sep 30): 33,000.First half (Oct 1 to Mar 31): 33,000 (50%)Second half (Apr 1 to Sep 30): 33,000 (50%)
  • First half (Oct 1 to Mar 31) 33,000 50%
  • Second half (Apr 1 to Sep 30) 33,000 50%

Source: U.S. Citizenship and Immigration Services, 2026[1]

Show the data
ItemValue
First half (Oct 1 to Mar 31)33,000
Second half (Apr 1 to Sep 30)33,000

The cap fills quickly. For the first half of fiscal year 2027, USCIS reached the cap on September 4, 2026, and announced on September 11 that it had received enough petitions[1]. Unused first-half numbers roll over to the second half[1]. For employers with spring start dates, that means filing as early as the rules allow and being ready for the possibility that the cap is reached before a petition is processed. Check the USCIS cap count page for the current fiscal year before planning.

The process step by step

  1. Plan the date of need

    Decide when the workers must start, based on your season and last year’s payroll pattern.

  2. File for labor certification

    Submit the temporary labor certification application to the Department of Labor no more than 90 and no less than 75 calendar days before the date of need, with the job order sent at the same time to the state workforce agency[2].

  3. Recruit US workers

    Follow the recruitment steps the labor certification requires and keep records of every applicant.

  4. File Form I-129

    After receiving the labor certification, file Form I-129 with USCIS[3].

  5. Workers apply for visas

    Prospective workers outside the US apply for an H-2B visa at a US embassy or consulate, or seek admission where no visa is required[3].

  6. Onboard on arrival

    Safety training, pay, hours and local transport and housing information, explained in a language the workers understand.

Many landscaping companies use an attorney or a specialist agent for the filings. If you do, check their experience with seasonal landscaping petitions, and remember that the employer remains responsible for following the rules, including the ban on prohibited fees.

Worker protections and employer duties

H-2B comes with obligations that matter as much as the paperwork. Employers may not collect fees from H-2B workers at any time, including job placement fees and penalties for breach of contract, and deducting or withholding wages to recover costs that are the employer’s responsibility also counts as a prohibited fee[3]. USCIS will deny or revoke a petition if the employer, an agent or a recruiter collects or agrees to collect prohibited fees[3].

  • Notify USCIS within 2 workdays if an H-2B worker leaves without notice and does not report for 5 consecutive workdays, never reports, is terminated or finishes early[3].
  • Pay at least the wage offered in the labor certification and track hours accurately, including drive time between properties.
  • Provide the same safety training and equipment as for every other crew member, in a language they understand.
  • Keep copies of every filing, recruitment record and pay record for the season.

Heat is a particular risk for workers arriving from cooler climates or starting in midsummer. Build acclimatization into the first weeks; see heat illness prevention for outdoor crews.

A season timeline

  1. Four to six months before the date of need

    Review last season, decide how many workers you need and for which dates, and confirm your attorney or agent.

  2. About three months before

    Prepare the job order and labor certification application, with your payroll records showing the seasonal pattern.

  3. 90 to 75 days before

    File the labor certification application, with the job order sent to the state workforce agency at the same time[2].

  4. After certification

    File Form I-129 with USCIS and track the cap count for your half of the fiscal year.

  5. Before arrival

    Plan transport from the consulate or border, first-week schedules, safety training and acclimatization.

  6. End of season

    Record performance, thank workers, and note who you would like to invite back next year.

Budgeting and treating workers as part of the crew

Budget for the full cost of the program: attorney or agent fees, filing fees, recruitment advertising, travel and any other costs the rules make the employer's responsibility, plus the wage itself. Do not plan to recover any of these from the workers; prohibited fees and wage deductions for employer costs can cost you the petition[3]. Then treat H-2B workers as members of the crew, not a separate group: the same safety training, the same equipment, the same respect from crew leaders, and the same chance to earn bonuses where your plan allows. Crews that work well together through the season are more productive, and returning workers are one of the program's biggest benefits.

How long workers can stay

H-2B classification can be extended in increments of up to one year, each needing a new labor certification, and the maximum period of stay in H-2B classification is three years[3]. For a seasonal landscaping business, most workers come for one season and return home; many come back in later seasons, which saves training time and builds crew stability.

Local recruiting still comes first

The program is built around the idea that employers look for US workers first, and the labor certification includes recruitment steps for that reason. Treat that recruitment as real, not a formality. Advertise the jobs where local workers will see them, interview the applicants who respond, and hire the ones who qualify. Keep careful records of every applicant and the outcome. Good local hires reduce how many visas you need, and a company that recruits seriously is in a stronger position if its filings are ever questioned. It also keeps the local crew from feeling passed over for seasonal workers, which matters for morale through a long summer.

If the cap is reached before your petition

Plan for the possibility that your petition is not processed before the cap for your half of the year is reached. Keep a backup plan: returning local seasonal workers, referral bonuses, temporary staffing for the first weeks, or a reduced list of maintenance accounts until crews are full. Some employers stagger start dates so part of the crew can start earlier. Talk through the options with your adviser before filing, so a cap announcement does not leave you scrambling in March.

Is H-2B right for your company?

Questions to decide whether H-2B fits your landscaping business.
QuestionIf yesIf no
Do you have a predictable seasonal or peakload need, shown in payroll records?H-2B may fitThe need may not qualify as temporary
Have you tried and failed to fill the jobs locally?Document the effort for certificationRecruit locally first
Can you plan start dates months ahead?Fits the filing timelineTimelines may not work
Can you meet the wage offer and the ban on worker fees?Proceed with an experienced adviserFix the gaps before filing
Is your spring start date early in the second half?File at the earliest allowed dateLater dates carry more cap risk

H-2B works best alongside a strong local workforce, not instead of one. Keep investing in pay, return bonuses and training for local crew members; see landscaping crew pay and seasonal retention. Grounds maintenance workers earned a median of $19.27 an hour in May 2025[7], and local competitors will be offering at least that.

Frequently asked questions

How many H-2B visas are available each year?

The statutory cap is 66,000 per fiscal year, split evenly between the two halves of the year[1]. Some workers, such as those already counted that year, are exempt from the cap.

When should a landscaper file for H-2B workers?

The labor certification application must be filed no more than 90 and no less than 75 calendar days before the date of need[2].

Can I charge H-2B workers for recruitment or visa costs?

No. Prohibited fees cannot be collected from H-2B workers at any time, and collecting them can lead USCIS to deny or revoke the petition[3].

Is this legal advice?

No. Immigration rules change; work with an experienced immigration attorney or agent and check USCIS and DOL guidance before filing.

References

  1. U.S. Citizenship and Immigration Services (2026). Cap Count for H-2B Nonimmigrants (opens in a new tab) ↑

  2. Legal Information Institute, Cornell Law School (2026). 20 CFR 655.15 - Application filing requirements (opens in a new tab) ↑

  3. U.S. Citizenship and Immigration Services (2026). H-2B Temporary Non-Agricultural Workers (opens in a new tab) ↑

  4. U.S. Bureau of Labor Statistics (2025). Current Employment Statistics (not seasonally adjusted), series CEU6056173001 (Landscaping services) (opens in a new tab) ↑

  5. U.S. Bureau of Labor Statistics (2026). Current Employment Statistics (not seasonally adjusted), series CEU6056173001 (Landscaping services) (opens in a new tab) ↑

  6. U.S. Census Bureau (2023). County Business Patterns 2023: U.S. detail file (cbp23us) (opens in a new tab) ↑

  7. U.S. Bureau of Labor Statistics (2025). Grounds Maintenance Workers: Occupational Outlook Handbook (opens in a new tab) ↑

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