Florida construction companies often rely on a diverse labor force that includes many foreign-born workers. To fill roles from abroad, employers often use the H-2B visa for temporary labor or the EB-3 visa for permanent hires. Because rules are strict and deadlines are tight, choosing the wrong path can delay hiring and disrupt projects.
The H-2B visa: Best for short-term needs
H-2B visas fit seasonal or peak-load demands, not year-round staffing. Congress caps this program at 66,000 visas per year, split across two hiring seasons. Demand often exceeds that limit. An initial H-2B approval may last up to one year, with extensions available for as long as three years total, followed by a required three-month period outside the United States.
Employers should also plan for significant compliance costs, including paying the Department of Labor’s required prevailing wage, covering inbound and outbound travel and daily subsistence, paying filing and petition fees, and not passing prohibited program or legal expenses on to workers
The EB-3 visa: Best for permanent staffing
The EB-3 immigrant visa provides a long-term hiring option for permanent roles and includes three sub-categories:
- Skilled workers
- Professionals
- Other workers (unskilled)
For construction firms, general labor positions often fall under the other workers category.
Employers must first secure Program Electronic Review Management (PERM) labor certification from the Department of Labor, showing that no qualified U.S. worker is available. Processing often takes several months or more, along with possible backlogs for high-demand countries.
Florida’s E-Verify mandate
Since 2023, Florida law requires E-Verify for every new hire. This applies to private employers with 25 or more workers. Public contractors and subcontractors must comply too, no matter their size. Other employers are urged to use E-Verify on their own.
Failing to comply can lead to investigations, corrective demands and, in some cases, the suspension of state business licenses.
Building a compliant hiring strategy
It is important for employers to audit current practices, confirm E-Verify enrollment and plan visa petitions well in advance of anticipated staffing needs. Combining seasonal strategies with long-term pipelines often gives contractors additional options as Florida’s labor market changes.
A simple misstep can lead to legal and financial risks. Contractors who are unsure which pathway fits their company should seek guidance from immigration counsel before committing to hiring plans.