The H-2B visa program gives U.S. employers a valuable way to hire temporary, non-agricultural workers when qualified U.S. workers are unavailable. However, the application process is complex, highly regulated, and time-sensitive. Even small mistakes can lead to delays, denials, or missed cap deadlines.

At Sintsirmas Immigration Law Co. LPA, our nationwide immigration attorneys regularly help employers recover from H-2B visa issues that could have been avoided with proper guidance from the start. Below are the most common H-2B visa application mistakes employers make—and how working with a trusted immigration law firm helps fix them.

Mistake #1: Failing to Prove the Job Is Truly Temporary

One of the most frequent reasons H-2B petitions are denied is failing to show that the job need is temporary. The Department of Labor (DOL) and USCIS require clear evidence that the position is:

• Seasonal
• Peak-load
• Intermittent
• A one-time occurrence

Many employers assume that because their business has busy periods, the job automatically qualifies. Unfortunately, assumptions are not enough.

Sintsirmas Immigration Law Co. LPA works with employers nationwide to clearly document the temporary nature of the position, using payroll records, contracts, business cycles, and supporting statements that meet federal requirements.

Mistake #2: Incomplete or Inaccurate Temporary Labor Certification

The Temporary Labor Certification (TLC) filed with the Department of Labor is the foundation of an H-2B petition. Errors in job descriptions, wage information, recruitment efforts, or filing timelines can cause the application to be rejected before it even reaches USCIS.

Common TLC issues include:

• Incorrect prevailing wage
• Inadequate recruitment documentation
• Missed filing windows
• Job duties that don’t match the employer’s actual needs

Our immigration attorneys handle the TLC process from start to finish, ensuring all requirements are met and properly documented so your petition moves forward smoothly.

Mistake #3: Missing H-2B Visa Cap Deadlines

The H-2B visa program is subject to an annual cap of 66,000 visas, divided into two halves of the fiscal year. Employers who miss key filing deadlines may be forced to wait months—or an entire year—before trying again.

Many businesses are unaware of:

• When to start the process
• How quickly the cap fills
• Whether supplemental visas may be available

Sintsirmas Immigration Law Co. LPA closely tracks H-2B cap trends and filing windows, helping employers file early and position their petitions for success.

Mistake #4: Not Properly Demonstrating U.S. Worker Shortages

Employers must prove that there are not enough willing, able, qualified, and available U.S. workers for the position. Skipping recruitment steps or failing to document them correctly can result in denial.

Our legal team ensures all recruitment efforts comply with DOL rules and are thoroughly documented, reducing the risk of audits or denials.

Mistake #5: Errors on Form I-129

Form I-129 is a critical part of the H-2B petition. Simple errors—such as inconsistent information, missing signatures, or incorrect classifications—can cause delays or rejections.

When Sintsirmas Immigration Law Co. LPA prepares your petition, every form is reviewed for accuracy and consistency, helping avoid unnecessary Requests for Evidence (RFEs).

Mistake #6: Assuming the Same Process Works Every Year

Immigration rules, wage requirements, and enforcement priorities change frequently. Employers who reuse old filings or rely on outdated information may unknowingly violate current regulations.

Our nationwide immigration attorneys stay up to date on policy changes and adjust strategies accordingly, keeping your business compliant year after year.

Mistake #7: Trying to Handle the Process Alone

The H-2B visa process is time-consuming and detail-oriented. Employers juggling business operations often underestimate how demanding the process can be, increasing the risk of costly mistakes.

By working with Sintsirmas Immigration Law Co. LPA, employers can focus on running their business while our legal team manages filings, deadlines, and agency communications.

Why Employers Nationwide Choose Sintsirmas Immigration Law Co. LPA

With over 70 years of combined experience in employment-based immigration, our firm helps employers across the United States navigate the H-2B visa process with confidence. We take a proactive, detail-driven approach to minimize delays and maximize approval success.

Whether you’re applying for the first time or correcting past issues, our attorneys provide guidance tailored to your business needs.

Get Help With Your H-2B Visa Petition Today

If you are considering hiring temporary non-agricultural workers, don’t let avoidable mistakes jeopardize your application. Let Sintsirmas Immigration Law Co. LPA guide you through every step of the H-2B visa process.

Call 866-668-8727 today to schedule a consultation with a nationwide immigration lawyer.