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Understanding the New DOL H-2B Application Requirements: A Guide for Small Business Owners

If your small business relies on temporary workers, you need to stay informed about recent regulatory updates from the Department of Labor. The DOL has submitted new H-2B Application for Temporary Employment Certification requirements to the Office of Management and Budget (OMB) for review. Here’s what you need to know about this important change and how it affects your hiring practices.

What is the H-2B Application Update?

The Department of Labor’s Employment and Training Administration (ETA) has submitted an updated Information Collection Request (ICR) regarding H-2B visa applications. This temporary visa category allows U.S. employers to bring foreign workers into the country for seasonal or temporary positions when American workers aren’t available. The new regulatory update, published on June 25, 2026, streamlines and clarifies the application process employers must follow when seeking certification for temporary workers.

The H-2B program serves industries like hospitality, construction, landscaping, and agriculture. The updated requirements aim to improve the application process while maintaining compliance with the Paperwork Reduction Act of 1995 (PRA).

Which Businesses Are Affected?

This regulatory update primarily affects employers in industries that regularly hire temporary workers, including:

• Seasonal agricultural businesses
• Construction and landscaping companies
• Hotels and hospitality establishments
• Retail businesses with seasonal staffing needs
• Event planning and entertainment venues

Even if your business doesn’t currently use H-2B workers, understanding these requirements is essential if you’re considering hiring temporary foreign workers in the future.

What Employers Must Do to Comply

Compliance with the new H-2B application requirements involves submitting detailed documentation to the Department of Labor. Employers must demonstrate that they’ve made good-faith efforts to recruit American workers and that hiring temporary foreign workers won’t negatively impact domestic employment opportunities. The application process requires accurate record-keeping, wage documentation, and proof of recruitment efforts.

The updated requirements emphasize transparent reporting and thorough documentation. Your HR team will need to maintain comprehensive records throughout the employment period, demonstrating compliance with all program regulations.

Three Practical Compliance Steps

Step 1: Document Your Recruitment Efforts

Before applying for H-2B certification, thoroughly document all recruitment attempts targeting U.S. workers. Keep records of job postings, interview notes, and reasons why positions remain unfilled. This documentation is critical for your OMB submission and demonstrates your good-faith efforts to the Department of Labor.

Step 2: Establish Clear Employment Records Systems

Implement proper HR documentation systems to track all employment information. Consider using BambooHR HR software, which helps small businesses maintain organized employment records, track certifications, and document compliance activities. Proper documentation protects your business and streamlines the approval process.

Step 3: Review Employment Agreement Templates

Ensure your employment agreements comply with H-2B requirements. Use professional resources like LegalZoom employment agreements to create compliant contracts that clearly outline wage rates, working conditions, and worker protections required by the H-2B program.

Moving Forward

Stay informed about this regulatory update by reviewing the complete notice on the Federal Register and consulting with employment law specialists. Proper preparation ensures your business can successfully navigate the H-2B certification process while maintaining full compliance with Department of Labor requirements.