Navigating H-2B Visa Uncertainty as an Employer

For companies that rely on seasonal labor, the H-2B visa program can be both a lifeline and a gamble. On one hand, it provides access to legal, motivated workers. On the other, it’s unpredictable—subject to caps, random selection, and shifting political winds.

That’s why employers are taking a dual-track approach: making the most of the H-2B visa program when and where it’s available, while simultaneously developing alternative staffing strategies that build resilience for the long haul.

H-2B Is Still Worth Pursuing—But Requires a Smarter Strategy

Despite the uncertainty, the H-2B visa program isn’t going anywhere. It’s a congressionally designated initiative—and with increased federal enforcement on unauthorized employment, more employers are turning toward the program, not away from it.

Nataly Mualem, Founder and Managing Attorney at Mualem Firm, works closely with employers navigating the H-2B visa process and encourages businesses to stay in the game—but with a more strategic approach. “We’re seeing a shift in strategy,” she said. “Employers are diversifying their filings by incorporating fall and spring seasons, submitting multiple applications for different positions or locations, and even forming cross-company alliances to maximize workforce continuity.”

These creative approaches can help businesses increase their chances of securing workers and improve year-round operational stability. Mualem also notes that some employers are thinking beyond seasonal work and exploring long-term strategies: “Many companies are investing in retention efforts for their existing workforce, improving training programs, and exploring legal pathways for long-term employee sponsorship, such as transitioning key workers to EB-3 or other employment-based visas.”

And when employers do secure H-2B workers, it’s equally important to invest in those employees through clear communication, proper onboarding, and thoughtful performance management practices. Read more about how to manage and support your H-2B workforce to ensure compliance and long-term success with the program.

Why You Can’t Rely on H-2B Alone

While many employers see the value in hiring employees from the H-2B visa program, there’s also widespread agreement that it’s too unpredictable to be your only staffing strategy. As Jud Griggs of The Harvest Group put it, “Some of my clients have already had their request for H-2B workers denied. One has partnered with another company that ended up receiving more H2B workers than needed.”

Ed Laflamme, also with The Harvest Group, has seen the worst-case scenario play out: “We’ve seen a number of companies go out of business because they ‘didn’t get their guys.’ We always warn our clients not to rely on the program—it’s too volatile.”

That volatility is exactly why more employers are focusing on what they can control: building a stronger, more reliable local workforce. Even with efforts like the H-2B visa supplemental cap, there’s no guarantee that a business will benefit from them—especially without a solid fallback plan.

Retaining and Developing the Talent You Already Have

Retention is one of the most overlooked solutions to staffing challenges—especially in seasonal industries. But employers who invest in their existing teams can unlock new stability, even when seasonal visas fall through.

Mike Voories, CEO of BR1, encourages companies to find ways to make seasonal employment more permanent. “One effective strategy is finding creative ways to offer seasonal employees year-round work,” he said. “Whether by diversifying services, cross-training employees, or structuring roles to extend beyond the traditional peak season.”

Cross-training also adds flexibility across the workforce, helping businesses adapt to shifting needs and unexpected absences. Laflamme recommends it as a core tactic: “Cross-train your people so they can be used in various areas of the company.”

Employee engagement also plays a major role in keeping people around. Evan Tachoir of Jack of All People Trades suggests using structured feedback tools to understand what’s working—and what isn’t. “Use the Gallup Q12, or another engagement survey, to measure employee engagement and then act on it,” he said. “I also recommend 'stay interviews' with full-time employees each year on their anniversary date.”

The goal is to create a workplace where employees want to stay, grow, and contribute over the long term—even when labor markets get tight.

Expanding Your Candidate Pool Beyond Traditional Channels

When it comes to finding new talent, many employers are looking in places they’ve never explored before—and it’s paying off.

Tito Caceres of Bloom Talent Solutions says his clients are “partnering with trade schools, community colleges, and vocational programs to establish a sustainable talent pipeline.”

Tachoir encourages employers to go even further. “For laborers, think about halfway houses, shelters, and other types of supervised rehabilitation programs to build relationships and provide work opportunities,” he said. 

Some companies are also recruiting from adjacent industries. Caceres noted that workers from construction, facilities maintenance, and agriculture often bring transferable skills that can be valuable in seasonal work like landscaping.

Griggs echoed this sentiment: “I have always said, find me someone that has a good work ethic and a positive attitude that wants to learn, and I will teach them how to do landscape work.”

Diversify to Stay Resilient

The H-2B visa program is a powerful tool—but it’s not a silver bullet. As Mualem reminds us, the most successful employers aren’t just applying once a year and crossing their fingers. They’re getting strategic, exploring all their options within the program, and building long-term resilience through local hiring and retention strategies.

Success with H-2B starts with preparation and ends with diversification. Employers who treat the program as one part of a broader workforce strategy—rather than the foundation of it—are the ones positioned to weather uncertainty and grow with confidence.