Many U.S. employers rely on the H2B visa program to fill seasonal roles in landscaping, hospitality, construction and other labor intensive industries. These workers often become some of the most dependable and hardest working employees a business can find. The Department of Homeland Security (DHS) issues a maximum of 66,000 H2B visas each fiscal year. The DHS has made an additional 64,716 visas available above that cap in the Fiscal Year (FY) 2025.
The challenge comes when every season ends and your best people must return home. Employers spend valuable time and money recruiting and retraining new staff only to repeat the process again the next year. The good news is that there is a lawful way to keep your top H2B workers long term.
By sponsoring them for permanent residence through the EB3 visa program, you can turn temporary seasonal help into a dependable year round workforce that grows with your business.
Understanding the H2B Visa Program and Its Limitations
The H2B visa allows U.S. employers to hire foreign nationals for temporary non agricultural work when there are not enough available U.S. workers. It applies to industries like hospitality, construction, landscaping, seafood processing, and recreation. For official guidance, employers can review the U.S. Department of Labor’s H2B Temporary Non Agricultural Program.
During FY 2024, the Department of Labor (DOL) certified numerous H-2B worker positions, achieving an 80.2% match rate between state H-2B records and certified applications. The H2B Temporary Non Agricultural Program outlines all the rules and requirements for recruiting temporary workers. The program however has several limitations. Once the season ends, workers must return to their home country and forcing employers to restart recruiting and onboarding each season.
Many businesses cannot keep up with the rising demand for labor. Employers are now choosing to retain their best H2B employees permanently through EB3 visa sponsorship. This approach turns short term help into long term success by reducing turnover and stabilizing the workforce.
Why the EB3 Visa Is the Best Path to Permanent Residence
The EB3 Other Workers visa category allows U.S. employers to sponsor foreign nationals for full time permanent positions that do not require advanced degrees. It is ideal for workers who have already proven their reliability through seasonal programs like H2B. Unlike the H2B visa, the EB3 program leads directly to a green card.
This grants lawful permanent residence to the employee and allows them to live and work in the United States indefinitely. The employer must complete a PERM Labor Certification with the U.S. Department of Labor to show there are not enough qualified U.S. workers available for the role. The employer then will file an I-140 Immigrant Petition for Alien Worker with the U.S.
Citizenship and Immigration Services. Many industries use this process to stabilize their workforce and reduce the high cost of turnover. Employers can see examples of EB3 positions on the EB3 Jobs List to understand what roles qualify.
For businesses with recurring seasonal needs, this option creates a reliable pipeline of skilled employees who are already familiar with company standards. This helps employers maintain consistency in both productivity and service quality over time.
The process begins with a PERM labor certification through the U.S. Department of Labor. Recent DOL data show 151,773 PERM applications were filed in FY 2024 and 102,036 were certified with 183,776 applications still pending at the end of the year. These figures confirm significant employer demand for permanent roles.
Step by Step: How Employers Can Sponsor H2B Workers for Permanent Residence
Step 1: Assess Workforce Needs and Select Eligible Employees. Begin by reviewing your long term staffing needs to determine which seasonal roles can become full time permanent positions. Focus on H2B employees who have shown strong performance, reliability and alignment with your business needs.
Step 2: Confirm the Job Qualifies for EB3 Sponsorship. The position must be full time and ongoing to qualify for the EB3 Other Workers category. Seasonal or short term roles are not eligible unless you modify operations to create a permanent position.
Step 3: Start the PERM Labor Certification Process. File for PERM through the Department of Labor’s Permanent Labor Certification Program. This step requires you to advertise the job, interview any qualified U.S. applicants and document your efforts to prove there are no available U.S. workers for the role.
A total of 102,036 applications were certified, 5,031 were denied, and 7,483 were withdrawn. At the end of the year, 183,776 applications remained pending.
Step 4: Submit the I140 Immigrant Petition to USCIS. Once the PERM certification is approved, file Form I140 with U.S. Citizenship and Immigration Services to officially sponsor the worker for permanent residence. This petition demonstrates your intent to employ the worker on a permanent full time basis.
Step 5: Monitor Visa Bulletin and Prepare for Final Stage. Check the U.S. Department of State Visa Bulletin to track when a visa number becomes available for your employee. This timeline varies depending on the country of origin and visa availability.
Step 6: The Employee Completes the Green Card Process. If the worker is in the U.S. with valid status, they may apply for adjustment of status once a visa number is available. They will go through consular processing at a U.S. embassy in their home country to receive their immigrant visa if they are outside the U.S.
Step 7: Build a Rolling Sponsorship Pipeline. Since the entire process can take about four years, many employers file EB3 cases every year for different workers. This rolling strategy ensures a continuous flow of new permanent employees to replace seasonal turnover.
Transitioning H2B Workers to Full Time Year Round Roles
The Bureau of Labor Statistics (BLS) reported that the total number of nonfarm job openings held steady at 7.4 million in June 2025. During the same period, hires and total separations remained stable, at 5.2 million and 5.1 million, respectively. Employers can often adjust operations to convert seasonal work into year round employment. This approach ensures that sponsored workers remain eligible for EB3 sponsorship.
Landscaping companies might add off season services like maintenance or snow removal to keep staff employed. These tasks provide valuable services to clients during colder months. Hotels and resorts can rotate staff between maintenance, front desk and housekeeping roles during slower months.
This strategy keeps employees busy and strengthens overall operations. Construction companies may schedule renovation projects or indoor work during colder seasons. These strategies make positions eligible for EB3 sponsorship while reducing turnover costs.
Employers can use the EB3 Work ROI Calculator to estimate savings from keeping workers long term instead of hiring and training new ones every few months. This tool provides a clear picture of potential financial benefits.
Frequently Asked Questions About Sponsoring H2B Workers
Can an H2B worker apply for a green card while still in the U.S?
It depends on the worker’s current status and timing. The H2B visa does not allow dual intent, so many workers complete the EB3 process after returning to their home country through consular processing. If they maintain lawful status in the U.S. and a visa number becomes available, some may be eligible to adjust status without leaving.
Employers should encourage workers to maintain lawful presence to avoid complications during the application process. Falling out of status can delay or even jeopardize eligibility for adjustment of status within the U.S. Many businesses seek advice from an experienced immigration attorney early in the process to avoid unexpected obstacles.
When workers adjust status from inside the U.S., it can sometimes shorten the overall timeline because they do not need to attend a consular interview abroad. Eligibility depends on their visa history and current status. Each case is unique and guidance from immigration experts like EB3.Work is important.Can employers keep hiring H2B workers while EB3 petitions are pending?
Yes, as long as the company still meets the H2B program’s seasonal requirements and the workers remain eligible under H2B rules. Employers can continue to use the H2B program for their seasonal operations while preparing EB3 sponsorship for long term roles. This approach allows businesses to avoid labor gaps during the transition period.
It is important to manage both programs carefully to stay compliant with Department of Labor and USCIS regulations. Companies should maintain accurate records of hours, contracts and wages for both seasonal and permanent staff. This documentation will be helpful if the company faces a compliance review or an audit.
Employers also benefit from consistent communication with their sponsored workers. By explaining the process clearly and keeping workers informed, they can reduce confusion and boost morale. Workers are often more committed to their roles when they understand that a long term opportunity is ahead.How long does the EB3 sponsorship process take?
The EB3 process can take about 48 months from the start of the PERM certification to the final green card approval on average. This timeline varies because of PERM processing delays, USCIS petition backlogs, and visa availability by country of origin. Employers should plan for a multi year process and start as early as possible to create a rolling workforce pipeline.
Some stages may take longer depending on government workload and the quality of the submitted documentation. For example, if there are errors in the PERM application or I140 petition, the employer might face delays or requests for additional evidence. Proactive preparation with legal assistance often helps reduce these risks.
Although the process is long, employers who begin new sponsorship cycles annually can create a consistent flow of employees becoming permanent residents. This rolling strategy minimizes future labor shortages and keeps staffing levels steady. It also spreads out the costs over several years, making the investment more manageable.What are the costs involved for employers?
Employers generally pay for recruitment advertising and attorney fees related to the PERM Labor Certification process. These steps are necessary to prove that no qualified U.S. workers are available for the job. Workers usually pay their own filing fees to USCIS as well as their personal attorney fees for green card processing.
Although some employers hesitate due to upfront expenses, many discover that EB3 sponsorship is cost effective in the long term. Research from the Center for American Progress found that replacing a typical employee costs about twenty-one percent of their annual salary on average. The BLS reports that total employer compensation in the private sector averaged $45.65 per hour in June 2025 which shows the real financial impact when turnover leads to lost productivity and retraining costs
Employers may also choose to offer partial reimbursement or payment plans for certain worker expenses as part of a retention strategy. Such policies can increase loyalty and make the transition smoother for both parties. Any cost sharing arrangement must comply with labor laws and should be documented in writing.What are the main benefits for employers who sponsor H2B workers under EB3?
The most significant benefit is workforce stability because you retain trained and experienced employees who already understand your business operations. This reduces the disruption and productivity loss that often comes from seasonal departures. Stable teams also help improve the quality of service and reduce the time spent on training new hires.
Lower turnover also means lower hiring and onboarding costs. Businesses save money because they do not need to recruit new seasonal staff each year or pay for repeat training. Employees who gain permanent residence tend to feel more valued and motivated which translates to higher morale and productivity.
A more consistent workforce also strengthens company culture and builds long term relationships. Employees who feel secure in their immigration status are more likely to stay loyal to the employer that sponsored them. This mutual trust benefits both sides by improving retention and teamwork.Can multiple H2B workers be sponsored at the same time?
Yes. Employers can sponsor multiple workers at once as long as each role is legitimate, full time and meets the criteria for EB3 sponsorship. This strategy is particularly effective for industries like hospitality, construction, and landscaping that rely on teams of workers.
Filing for several workers at the same time may increase administrative work but can stabilize the entire team faster. By sponsoring a core group of proven employees together, employers can reduce future turnover costs across the board. A consistent team is more efficient and requires less oversight because the workers are already familiar with the company’s standards.
Many employers choose to stagger sponsorships for budget reasons while still filing for a group each year. This creates a rolling pipeline and spreads out the costs. Planning ahead ensures that future seasons will have fewer labor shortages.What happens if the employee leaves after receiving a green card?
While EB3 employees are not legally required to stay with the employer forever, there is an expectation that they intended to accept the permanent position at the time of sponsorship. If the employee leaves too soon after receiving the green card, it may raise questions about the sincerity of the application. Employers should document their good faith efforts to employ the worker in the certified role.
Most EB3 employees are motivated to stay because the company sponsored their long term legal status. Employers can further encourage retention by offering competitive pay, clear advancement opportunities and a supportive work environment. These efforts make employees more likely to remain loyal over the years.
Employers also benefit from having an open dialogue with employees about career goals. Providing training or promotions where appropriate can improve job satisfaction and decrease turnover. When workers feel valued and see a future within the company, they tend to stay.What is the difference between H2B and EB3 sponsorship?
The H2B visa is temporary and intended for seasonal work only which means workers must leave the U.S. after their authorized period ends unless extended for another season. This cycle often leads to workforce gaps that disrupt business operations. The EB3 visa leads directly to permanent residence, allowing workers to remain year round.
Permanent sponsorship under EB3 eliminates the need for constant recruiting and retraining every season. This change saves both time and money while increasing workforce consistency. Employers benefit from being able to plan ahead without worrying about losing experienced staff each year.
EB3 sponsorship also improves employee morale because workers no longer face the stress of temporary status. They gain stability for themselves and their families, which strengthens their commitment to their employer. This results in a more reliable and productive workforce over time.
Building a Long Term Workforce
For employers who depend on seasonal labor, the EB3 visa offers a long term solution that turns proven temporary workers into loyal year round team members. This is a strategic way to build a strong workforce foundation.
Sponsoring your best H2B employees for permanent residence does not just solve a staffing problem. It creates a stronger foundation for your business and builds trust among workers. You will spend less on recruitment and training, see greater consistency in quality and performance and build a team that truly understands your company’s values and operations.
The EB3 visa program leads to higher productivity and better morale. Employers across the country are beginning to recognize that long term stability starts with the employees they already know and trust. Taking the first step today puts your company in a stronger position for the future.
By sponsoring workers you already value, you ensure that next year’s workforce challenges are already solved. This approach saves money and reduces stress while strengthening your team. The BLS projects that the U.S. economy will add approximately 6.7 million jobs between 2023 and 2033.About one in eight or roughly 822,700 positions are expected to come from the leisure and hospitality sector. This represents the third largest projected job growth among the 17 major industry sectors following professional and business services and healthcare and social assistance.
