Your Fall Filing Window Is Closing. Here's What to Know

Your Fall Filing Window Is Closing. Here Is What You Need to Know.

If you are planning to bring on seasonal workers for this fall or winter, the runway to do it right is shrinking. This is not a single hard deadline the way the H-2B cap filing windows are, it is something quieter and just as important: the recommended lead time for getting your paperwork in motion.

Why 60 Days Matters More Than People Think

The Department of Labor's Office of Foreign Labor Certification recommends requesting a prevailing wage determination at least 60 days before the date you actually need it. That single recommendation is the real engine behind most H-2A and H-2B timelines. It is not a hard legal deadline, but ignoring it is how employers end up scrambling in the final weeks before they need workers on the ground.

For anyone targeting an October, November, or December start date this year, that 60-day window is either closing right now or has already closed. If you have not started the prevailing wage process yet, this is the moment to move, not next month.

Where H-2A and H-2B Employers Actually Stand Right Now

These two programs are in genuinely different positions heading into fall, worth understanding clearly rather than treating them the same.

H-2A has no annual cap, which means there is no lottery window to miss. The real risk for H-2A employers is purely about lead time. Between the prevailing wage request, domestic recruitment, and housing arrangements, waiting too long does not shut you out of the program the way it can with H-2B, but it absolutely can mean your workers are not in place when your season actually starts.

H-2B is a different story, and it is worth being direct about where things stand. The filing window for October 1, 2026 start dates began July 3rd and ended July 18th (90-75 days prior to a requested start date respectively) and that window has already closed. If you have not already filed for an October 1 start, the standard cap-subject path for that specific date is behind you. Your realistic options at this point are checking on supplemental visa availability if any remains for this fiscal year, or beginning preparation now for the next filing window, which opens around January 1, 2027 for April 1, 2027 start dates.

What This Actually Means for You

If your business needs seasonal labor for this fall or winter, the honest message is simple. For H-2A, start now, the 60-day runway is the difference between a smooth season and a scramble. For H-2B, if October 1 already came and went without a filing, the smartest move is turning attention to the April 2027 cycle rather than hoping for a late option that may not exist.

Either way, the employers who come out ahead every season are the ones who treat these timelines as real, not flexible. If you are not sure where your specific situation stands, that is exactly the kind of thing worth a direct conversation before you lose more time.