Labor Certification Process for Temporary Employment of H-2A and H-2B Foreign Workers
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This law outlines the labor certification requirements for employers of H-2A and H-2B foreign workers in the U.S. It specifies the obligations of employers regarding meal provision, travel-related expenses, and reimbursement for these costs. The labor certification is necessary to ensure there are not enough U.S. workers available for the job and that hiring foreign workers will not negatively impact domestic wages and conditions.
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Key Changes
- Maximum allowable meal charge for H-2A workers updated to $16.78 per day.
- Employers must reimburse travel-related subsistence costs at standard CONUS rates.
- Employers responsible for lodging costs related to worker travel.
Obligations
What this law requires
H-2A agricultural employers in occupations other than herding or livestock production must offer workers either three meals per day or free and convenient cooking facilities
Employers providing three meals per day to H-2A workers must not charge more than $16.78 per day per worker, effective April 7, 2026, unless the OFLC Certifying Officer approves a higher documented charge
H-2A employers must state the meal charge amount in the job offer if any charge applies to workers
H-2A employers must provide, pay in advance, or reimburse workers for reasonable transportation and daily travel-related subsistence costs to the worksite if the worker completes 50% of the work contract period
H-2A employers must provide or pay return transportation and daily travel-related subsistence upon worker completing the contract or being terminated without cause