Malescu Law is pleased to announce a recent H2B visa renewal approval by the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) for line cooks at a restaurant in Miami, Florida. The approved petition authorizes the seasonal employment of foreign workers as cooks from October 1, 2026, through June 30, 2027, covering the first half of Fiscal Year 2027 (FY 2027).
Our client relies on the H-2B temporary worker program annually to supplement its workforce during peak operating seasons in South Florida. To learn more, visit our complete guide on H2B visa and How do I get an H2B employee?.
How We Secured the H-2B Extension in 4 Months
To meet the mandatory October 1, 2026 start date, our business immigration laweyers initiated the application process four months in advance. The filing timeline proceeded as follows:
- Prevailing Wage Determination (PWD): Issued by the U.S. Department of Labor (DOL) within 1 month, setting the required minimum wage standards to protect local labor markets. The PWD was issued before submitting the DOL Temporary Labor Certification on Form 9142B during the registration period between July 3-5, 2026.
- DOL Temporary Labor Certification: Submitted Form 9142B with supporting documents during the July 3-5, 2026 registration period. Notice of Acceptance (NOA) issued within 2 months after successfully completing mandatory local U.S. worker recruitment and advertising.
- USCIS Form I-129 Renewal Approval: Submitted using Premium Processing, USCIS approved the extension petition in just 10 days with zero Requests for Evidence (RFE).
From initial document preparation to final USCIS approval, the total processing timeline was approximately 4 months, securing the entire duration requested for the business.
Key Requirements for H-2B Visa Renewals
To successfully extend or renew an H-2B visa for non-agricultural workers, U.S. employers must comply with strict DOL and USCIS regulations. Key steps include:
- Obtaining a Prevailing Wage Determination: Securing wage rates from the DOL before recruitment begins.
- Demonstrating Temporary Need: Proving a valid seasonal, peak-load, intermittent, or one-time occurrence demand for supplemental staff.
- Conducting Mandatory Recruitment: Testing the local job market to verify that no qualified U.S. workers are available and willing to take the role.
- Timely Form I-129 Filing: Submitting the petition to USCIS before program deadlines and federal annual cap limits.
To learn more about qualifying criteria, explore the H-2B visa requirements. For specific questions on worker eligibility and extensions, visit our resource on whether an H-2B visa can be extended.
Partner with Experienced H-2B Visa Lawyers
Navigating the H-2B visa application process requires precision, strict adherence to DOL deadlines, and proactive immigration strategy. Missing a statutory deadline can delay your seasonal staffing and impact operations.
If your U.S. business needs temporary foreign talent to meet peak demand, contact our business immigration attorneys in Miami, Florida today.
Need assistance with seasonal worker visas? Schedule a consultation with our H-2B immigration lawyers today to start planning for the upcoming fiscal year.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
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Malescu Law P.A. – Business & Immigration Lawyers