The 2026 H-2B Summer Lottery: Your 5-Step Prep Guide (What to Do Now)

The JTP Agency
November 24, 2025

It's November 2025. If you're a landscaper, roofer, hotel manager, or any seasonal business owner, your 2026 summer season feels a long way off. But in the H-2B visa world, you are already dangerously behind if you haven't started planning.

Let me be perfectly clear: The H-2B "lottery" for summer 2026 is not something you prepare for in January. It's something you prepare for right now.

Why the urgency? The U.S. government sets a national cap on H-2B visas at 66,000 per year. This is split in two:

  • 33,000 visas for the winter season (start dates from Oct. 1 to March 31).
  • 33,000 visas for the summer season (start dates from April 1 to Sept. 30).

The 33,000-visa cap for the winter season was officially filled in September. All those visas are gone.

This means that every seasonal business in America—from a golf course in Maine to a construction company in Texas—will be fighting for the same 33,000 summer visas. Last year, the demand was for over 100,000 visas.

Filing a perfect application on the first possible day doesn't guarantee you'll get visas. It only guarantees you a ticket to the lottery.

My job is to help you get that ticket. Here is a simple, 5-step guide on what you must do today to prepare for the 2026 H-2B lottery.

Step 1: (MANDATORY) File Your Prevailing Wage Request (PWR)

What it is: This is the non-negotiable first step. Before you can even ask for a worker, you must ask the Department of Labor (DOL) to tell you exactly what you have to pay them. This is the "Prevailing Wage Determination," or PWD.

Why you must do it NOW: This process is not fast. As of November 2025, the DOL is taking 30 to 45 days (and sometimes longer) to process these requests.

This is the single biggest mistake employers make.

If you wait until December to file your PWD, you will not get it back in time to file your application in early January. You will miss the lottery entirely. Period.

  • Action: Contact your H-2B agent or attorney today. They need to draft your job descriptions (duties, requirements, etc.) and submit your PWD request to the DOL immediately.

Step 2: Define Your "Date of Need" (This Is Your Lottery Date)

What it is: This is the exact date you need your workers to show up. For most summer businesses, this is April 1, 2026.

Why it matters: The entire H-2B filing process is based on this one date.

  • You must file your application with the DOL in a very tight window: no more than 90 days and no less than 75 days before your date of need.
  • If your start date is April 1, 2026, your filing window opens on January 1, 2026.

All applications that are filed in the first three business days of January for an April 1st start date will be bundled together. If that bundle has more than 33,000 workers (and it will), the government will run a random, computerized lottery to see who gets to move forward.

  • Action: Confirm your start date is April 1, 2026. If it is, you must be ready to file your next set of paperwork on January 1, 2026. This is your lottery day.

Step 3: Prepare Your "Temporary Need" Proof

What it is: The H-2B program is only for temporary, non-agricultural jobs. You have to prove to the government that your need for these workers is temporary. You can't just say, "I'm busy."

You must prove your need is one of the following:

  1. A One-Time Occurrence: You have a massive, one-off project. (Rarely used).
  2. A Seasonal Need: This is the most common. You are a landscaper, hotel, or pool company that is only open or significantly busier during the summer. You must prove you have a pattern of laying off workers in the off-season.
  3. A Peakload Need: You are open all year, but you have a short, intense busy season and you need extra workers to supplement your permanent staff.
  4. An Intermittent Need: You occasionally need temporary workers for short periods. (Also rare).

Why it matters: This is the heart of your petition. If your application doesn't clearly prove your temporary need, the DOL will reject it.

  • Action: Start gathering proof now. You'll need payroll records, client contracts, and financial statements that clearly show your busy season. If you're a landscaping company, you need to show that you reduce your staff every winter. Your H-2B agent will use this evidence to write a strong "Statement of Temporary Need."

Step 4: Start Your U.S. Worker Recruitment Plan

What it is: Before you're allowed to hire a single H-2B worker, you must prove to the government that you tried—and failed—to hire a qualified U.S. worker for the same job.

Why it matters: This is a core requirement of the program. The DOL will require you to place job ads in a specific way, at a specific time (usually after your main application is filed in January).

But you shouldn't wait. The government wants to see a good-faith effort.

  • Action: Start advertising for these positions now. Place ads on your website, in local papers, and with your State Workforce Agency (SWA). Keep a detailed "recruitment report" of every single person who applies:
  • Who applied?
  • Did you interview them?
  • Why were they not hired? (e.g., "Failed to show up for interview," "Lacked required experience," "Refused the job.")

This report is your proof that U.S. workers are not available.

Step 5: Vet Your H-2B Recruitment Agency

What it is: While you're doing all this, you need a plan to find your workers abroad. Most U.S. businesses use a recruitment agency to find, screen, and help process workers from countries like Mexico, Jamaica, or the Philippines.

Why it matters: The H-2B program has incredibly strict anti-fraud and anti-fee-charging rules. If your recruiter (or anyone in their supply chain) charges your workers a "recruitment fee," you, the employer, can be held responsible. It could lead to massive fines and being banned from the program.

  • Action: Ask your recruitment agency hard questions.
  • "Are you licensed in the countries you recruit from?"
  • "How do you guarantee that no worker pays a fee?"
  • "Can I see your anti-fee charging policy in writing?"
  • "What is the process if we get selected in the lottery?"

A good agent will have clear, immediate answers. A bad one will be vague.

The Bottom Line: Your 2026 Season Starts Today

As of November 7, 2025, you have less than 60 days until the H-2B lottery window opens.

If you read this article and think, "I'll get to this in December," you have already lost.

The H-2B program is not a simple "fill out a form" process. It's a complex, competitive, and time-sensitive race. The employers who win the lottery are the ones who are already preparing in November.

A Note From Our Agency

Feeling overwhelmed? You should be. This is one of the most complicated legal processes in U.S. immigration. But you don't have to do it alone.

We have helped hundreds of businesses like yours prepare and file their H-2B petitions. We know the deadlines, we know the proof, and we know how to build the strongest possible case for the lottery.

Do not wait until it's too late. Contact Us Today for a free 15-minute strategy call. We'll review your "date of need" and tell you exactly what's needed to get your Prevailing Wage Determination filed this week.

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