Landscaping employers in Fort Lauderdale qualify for the H-2B program when they can show that their need for workers is temporary and that the positions are legitimate and clearly defined. They must also demonstrate that they have made a genuine effort to recruit U.S. workers before seeking foreign labor. The temporary nature of the need is established by demonstrating that the positions arise from a seasonal peak in the employer's business rather than a continuous, year-round staffing requirement. For Florida landscaping companies, the seasonal spike in residential and commercial maintenance work during the fall and winter months, when snowbirds return and property upkeep intensifies, provides a credible basis for that showing.
The types of landscaping positions that have historically qualified for H-2B classification include groundskeeping workers, lawn care laborers, and irrigation technicians, as well as landscape maintenance crew members. The job duties must be clearly described in the petition, and the employer cannot change the scope of work after the certification is issued without risking a compliance problem. Brodzki Jacobs ensures the job descriptions are accurate and specific, and consistent with what the workers will actually be performing on the job.
