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How to find Cap Exempt H-2B Workers through H2Recruiter.com

STEP 1: Register as an Employer


In order to communicate with workers or to post a job, you must register as an employer.

STEP 2: Filter Workers based on “Fiscal Year of Last H-2B Visa”


After registering, look for the tab “Find Workers” on your dashboard.

Enter “2021” in the field “Fiscal Year of last H-2B visa”.

STEP 3: Communicate with Workers

Select a worker to view.

Review experience and additional information about the worker, including the Qualifications section. The field “In what year was your last H-2B visa issued?” should show 2021.

Use the “Direct Message” function to communicate through the site’s chat system or contact the worker directly through their disclosed contact information.


The Direct Message chat features a translation button to translate from Spanish to English.


You can “save” a worker by clicking on “bookmark” in their profile. All saved workers will appear in your “Saved Workers” folder on your dashboard

STEP 4: Verify Worker Exemption Status


Fiscal year 2021 runs from October 1, 2020 to September 30, 2021. Workers who entered on or were transferred to a petition that started on or after October 1, 2020 will count as “cap exempt” for any additional H-2B petition for which they are named during fiscal year 2021.

There are two ways to verify worker exemption status.


      a. The issuance date of last H-2B Visa must be on or after October 1, 2020, and
      b. The worker must provide documentation of contract start date that was on or after October 1, 2020;


      c. The worker must present I-797 Notice of Action with attached I-94 showing validity date of on or after October 1, 2020.


Example: a and b Documentation


Example: c. Documentation

STEP 5: Make a Job Offer


H-2B cap exempt workers are extremely valuable when there is a limited number of H-2B visas available. H-2B employers who are “capped out” are inclined to offer better wages and attractive terms of employment in order to secure their workforce prior to filing their I-129 Petition.

Once you have found a worker(s) that you would like to hire, make a job offer.

Here is an example of a job offer letter that you may use or tailor to fit your offer. Extending a formal offer to the worker gives him/her the assurance that job is legitimate and that you intend on naming them on your upcoming petition.

You may also want to include a copy of your job order as submitted to the Department of Labor.


STEP 6: Contact Agent or Attorney to add worker on 2021 Petition

If you need help identifying cap-exempt H-2B workers, your agent or consular processor should be able to assist. If you do not have an agent or processor, you can choose from a list of agents and processors under the Employer Resources tab.


Posting a Job

Posting a job through the online portal is one of the best ways to attract potential recruits.

Posting recommendations:

  • a) Include a logo and pictures to attract more applicants
  • b) Be sure to indicate if you are only looking for cap exempt H-2B workers
  • c) Link your job to your job order on seasonaljobs.dol.gov if available to assure workers of the legitimacy of the job offer
  • d) Respond quickly to inquiries

You also might want to utilize the translation function to publish your job in Spanish, or Spanish-speaking workers can use the translate function to view your job if you list it in English.
You will receive email alerts when someone applies to your job as well as an email alert when someone sends you a message through the chat portal.



Please contact info@h2recruiter.com should you require any assistance. Good luck!