The H-2B annual cap is divided into two equal allocations for the first and second halves of the fiscal year. Employers whose peak season falls in the winter and spring months compete primarily for the first-half allocation, which has historically been exhausted very quickly after USCIS begins accepting petitions for that period. When the number of petitions received on the first filing date exceeds the available cap numbers, USCIS conducts a random lottery to select which petitions will be processed. Employers who are not ready to file on the first available date risk being excluded from the cap entirely, which means their workers cannot come until the following fiscal year at the earliest.
Effective cap strategy for Naples resort employers requires completing the DOL process early enough that the temporary labor certification is in hand before the USCIS filing window opens. Since the DOL process typically takes several weeks and can take longer if the application requires additional evidence, the resort must initiate the DOL filing well in advance of the target USCIS filing date. A resort worker visa lawyer in Naples tracks both filing calendars and manages the DOL timeline to ensure that the certification arrives in time for the USCIS petition to be filed at the earliest opportunity.
