Is the H-2B Program Really a Lottery? Here's What Employers Need to Know

Many employers have heard that the H-2B visa program operates like a "lottery," but that's not quite accurate. The truth is more nuanced - and understanding the mechanics of the process is essential if you rely on seasonal or temporary labor.

What Is the H-2B Program?

The H-2B visa allows U.S. employers to hire foreign workers for non-agricultural temporary jobs, such as landscaping, hospitality, construction, and more. Each year, only 66,000 H-2B visas are available, split evenly between:

33,000 visas for jobs starting October 1 (first half of the fiscal year)
33,000 visas for jobs starting April 1 (second half)

Because demand for workers far exceeds the number of available visas - especially in the spring - the system can feel unpredictable and frustrating.

The Randomized Grouping System

When the Department of Labor (DOL) opens its brief three-day filing window, thousands of employers submit applications all at once. Rather than reviewing them in the order received, DOL conducts a randomization process and assigns each application to a Group Letter (A, B, C, etc.).

Group A is processed first, followed by B, then C, and so on.
For October 1 start dates, demand is typically lower. Historically, DOL only creates Groups A and B, and nearly all timely filers can proceed.
For April 1 start dates, demand is much higher. For example, in recent years, DOL created Groups A through G - but only Groups A and B realistically secured visas before the cap was met.

This random grouping system isn't technically a lottery, but because your application's fate depends on a randomized assignment and limited availability, the process often feels like one.

What Happens After Group Assignment?
Even if you're assigned to a later group, your application will still be reviewed and certified by DOL. However, certification isn't the end of the road.

Once certified, the employer must file a visa petition with U.S. Citizenship and Immigration Services (USCIS). If the annual visa cap has already been reached by that time, USCIS will reject your petition, even if you have a valid labor certification.

So, while the DOL doesn't deny applications due to the cap, the visa supply constraint at USCIS ultimately determines whether your workers can come.

A Key Exception: Cap-Exempt Workers

If you're hiring workers who are already in the U.S. in valid H-2B status - for example, those changing employers or extending their stay - they are considered cap-exempt. That means:

They do not count against the 66,000 annual visa cap
You can still file even after the cap is hit
Cap-exempt workers offer a reliable option, especially during peak demand seasons.

Final Thoughts

Understanding the structure of the H-2B process helps employers plan ahead and manage expectations. While it's not a true lottery, the high demand, short filing windows, and random grouping process mean there's no guarantee of success - even if you do everything right.

If you're considering using the H-2B program or want to explore cap-exempt hiring options, it's important to start early and work with experienced counsel to develop a strategy that gives your business the best possible chance of success.

Kirchner Law PLLC
Mailing Address: 4301 Ivy Rd, #605, Ivy VA 22945
Phone: 434-207-2725
Email: info@kirchnerimmigration.com
Attorney Meagan Kirchner

Kirchner Law PLLC is a boutique immigration law firm based in Virginia, serving clients nationwide with a focus on business immigration solutions. Founded by Meagan A. Kirchner, Esq., the firm is nationally recognized for its deep expertise in complex employment-based visa programs-particularly the H-2B visa program for temporary, non-agricultural workers. With over a decade of legal experience, Ms. Kirchner has guided hundreds of U.S. employers in successfully bringing thousands of international workers into the country. Her clients span industries such as hospitality, landscaping, seafood processing, agriculture, engineering, and healthcare.

Ms. Kirchner is a first-generation college graduate who grew up in a rural, working-class community. She holds a B.S. in Business Management (2011) and a J.D. (2014), both from George Mason University. Licensed by the Virginia State Bar and an active member of the American Immigration Lawyers Association (AILA), she is known for her strategic, client-centered approach to federal immigration matters. Her practice covers the full spectrum of nonimmigrant and immigrant options-including H-2A, H-2B, H-1B, L-1, TN, O, and E-3 visas, as well as PERM, EB-1, NIW, and naturalization cases.

Kirchner Law stands out for its accessible, flat-fee structure and virtual-first service model, allowing it to efficiently serve clients across the U.S. while maintaining personalized attention to each case. As a solo practitioner, Ms. Kirchner brings consistency, depth of knowledge, and hands-on experience to every client relationship. With a strong reputation for clear communication, responsiveness, and results, Kirchner Law continues to be a trusted resource for businesses navigating the ever-changing immigration landscape.

This release was published on openPR.