H-2B Visa Strategy to Hire Landscaping Workers

Finding qualified labor has been one of the most persistent challenges in the landscaping industry. As demand for services grows, so does the need for seasonal workers to get the job done. But with the H-2B visa program becoming increasingly competitive and unpredictable, landscapers must adopt smarter, long-term strategies to stay ahead. 

In a recent livestream and podcast with Scott Molchan of the Million Dollar Landscaper, immigration attorney Nataly Mualem broke down the H-2B visa program and shared proven strategies landscapers are using to find reliable seasonal labor. Nataly, who specializes in the H-2B program, has helped hundreds of landscaping companies navigate this complex process. Here's what you need to know.

Understanding the H-2B Visa Program

The H-2B visa allows U.S. employers to hire foreign nationals for temporary, non-agricultural work, such as landscaping. It was designed to fill seasonal labor gaps when no qualified American workers are available. To qualify, employers must:

• Offer a seasonal or peak-load job
• Prove that no U.S. workers are available
• Agree to pay a prevailing wage

The program is capped at 66,000 visas per year, divided into two batches: 33,000 for jobs starting October 1 and 33,000 for jobs starting April 1. This cap often leads to a lottery-like system, particularly for spring filings.

Why the October Strategy Matters

Most landscapers apply in spring when the season is starting. But competition is fierce: only about 24.5% of applications make it into "Group A," the first group to be processed. That’s where the October strategy comes in.

Applying for workers to start in October gives you a higher chance of approval—upwards of 90%. Better yet, workers brought in October are considered part of the fiscal year and are exempt from the cap when you bring them back in spring. That means fewer headaches and more reliable staffing when you need it most.

Even if your main season doesn't start until spring, many companies find creative ways to justify a fall season, such as leaf cleanup, equipment maintenance, or subcontracting with snow removal businesses.

Key Qualifications & Requirements

To participate as an employer in the H-2B visa program, your business must:

• Be a legally established U.S. entity with a FEIN
• Have a physical location and valid business operations
• Demonstrate seasonality by position and location

The Department of Labor (DOL) looks at your revenue, payroll, and contracts to confirm the need. For instance, a $1 million company requesting 40 workers would raise red flags unless the numbers add up.

Employers must also:

• Guarantee at least 35 hours of work per week
• Pay the prevailing wage for the job and region
• Offer U.S. workers the same terms and conditions

Rising Scrutiny and Compliance Pressure

Increased federal enforcement has put pressure on companies using undocumented labor. Detentions and audits are up, and some employers report workers disappearing due to fear of deportation. In E-Verify states, the need for a compliant workforce has driven more companies to the H-2B program.

However, that also means more competition. Employers should audit their own records and hiring practices to ensure they’re ready for government scrutiny. Immigration authorities are particularly sensitive to:

• Inaccurate job descriptions
• Wages paid below the prevailing rate
• Poor or missing employment records

Avoiding Common Pitfalls

The most common reason for failure in the H-2B process is simply not making it through the cap. But others include poorly prepared applications, incorrect wage assumptions, or misaligned job descriptions.

Working with experienced legal representation is crucial. Nataly frequently sees cases where landscapers are denied because their applications are incomplete or written in vague terms like "we need workers because of the weather." That kind of reasoning doesn’t hold up under scrutiny.

Green Cards as a Long-Term Solution

For landscapers with trusted returning workers, sponsoring a green card can be a long-term retention strategy. While the process takes 4–5 years and involves a more rigorous set of requirements, it ultimately allows those workers to stay in the U.S. year-round and gain permanent residency.

Many companies pair the H-2B process with green card sponsorship, especially for key employees who have already proven their loyalty and performance.

Planning Ahead Pays Off

Nataly advises landscapers to start their H-2B planning at least one season in advance. For an October start date, you should begin the process in April or May by submitting a prevailing wage request. July is the key month for submitting your temporary labor certification.

She also encourages employers to think long-term: use the October strategy, consider green card pathways for strong workers, and build a seasonal labor roadmap that keeps you ahead of the cap.

The H-2B visa program is one of the most powerful tools landscapers have to build a dependable seasonal workforce. But with growing demand, increasing scrutiny, and limited availability, success depends on thoughtful planning and smart partnerships.

If you're considering the H-2B visa program for seasonal labor needs, don't wait. Get your documents in order, start exploring fall-based staffing options, and work with a knowledgeable attorney who understands the nuances of seasonal hiring.

Your workforce—and your business’s future—may depend on it.