H2b visa minimum wage. Jul 13, 2022 · To prevent an adverse effect on U.

H2b visa minimum wage The H-2B visa is subject to a statutory annual cap of 66,000, which has been reached every year since FY2014. Jun 14, 2024 · Hagåtña, Guam—The United States Citizen and Immigration Services (USCIS) recently approved new H-2B prevailing wage rates for common construction occupations. The Wage and Hour Division may impose administrative remedies such as wage payments and civil money penalties against employers who violate certain H-2B provisions. Comparatively moderate, Alaska’s rate still exceeds states like Texas. employers to hire temporary foreign workers for non-agricultural positions. H-2B Cap There is a statutory numerical limit, or “cap,” on the total number of noncitizens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year. Department of Labor (DOL). The wage that is paid to an H-2B worker is at minimum the same that is paid to American workers. Department of Labor (DOL) issued a final rule on January 19 that provides a new calculation system to set wages for foreign nationals entering as H-2B temporary nonagricultural workers. 211 (a). This ensures that hiring foreign workers does not negatively affect the wages and conditions of U. Simplify H-2B visa compliance for employers and applicants. 17, 2025. Jan 7, 2025 · The Department of Labor mandates a special minimum wage for H-2A workers, depending on the region they are stationed. Speak to an H-2B visa lawyer. Department of Labor (DOL) to be assigned a prevailing wage rate, or pay the state or federal minimum wage if it is higher. employers to hire foreign workers for temporary or seasonal non-agricultural jobs. S. The wage rates will apply to wages paid for work performed on or after January 1, 2012. Aug 21, 2024 · Pay the highest of the Adverse Effect Wage Rate (AEWR), prevailing wage, or minimum wage. Prevailing Wage: Employers must pay at least the prevailing wage (the highest of federal, state, or local minimum wages, or the actual wage offered) for the duration of the employment. What if a worker is paid by piece rate? If the worker is paid on a piece rate basis, the employer must use the worker’s average hourly piece rate earnings or the required hourly wage rate, whichever is higher, to calculate the amount due under the guarantee. Dec 16, 2024 · Enter your new rate in the Min Adverse Wage box and then click the Save button Check job rates/minimum rates and update these if needed Check employee rates/minimum rates and update if needed. Small businesses face challenges with increased labor costs. Mar 18, 2021 · Key takeaways: The H-2B program’s wage regulations are allowing employers to legally undercut U. The H-2B temporary work visa program allows employers to bring foreign workers to the United States for seasonal, non-farming jobs. wage standards and underpay migrant workers. workers in the area of intended employment. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. The H-2B program operates mainly under regulations issued by DHS in 2008 on H-2B requirements, by DHS and DOL jointly in 2015 on H-2B wages, and by DHS and DOL jointly in 2015 and 2019 on H-2B employment. workers. The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. Jun 10, 2025 · Employers must offer a wage that meets or exceeds the prevailing wage for the role in the geographic location where the work will be performed, as determined by the Department of Labor (DOL). Applicants can work temporary jobs in agriculture, construction, forestry, and many other kinds of industries. The H-2A visa program requires that the employer provide the visa holder with housing, transportation, food, and specific wages. ‍ The FLS is an Jan 13, 2025 · The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. The Farm Labor Survey (FLS) is a critical tool used by the U. Its need for the prospective worker’s services or labor is temporary, regardless of Wage Payments Will offer and pay the H-2B worker no less than the highest of the prevailing wage, applicable Federal minimum wage, State minimum wage, or local minimum wage during the entire period of the approved H-2B labor certification [20 C. Landscaping, hospitality, food packaging, retail business, carnival, resorts, restaurants, and manufacturing businesses The applicable wage to be stated on the job order, per H-2B regulations must be the highest of: the Prevailing Wage Determination, the Federal, State, or local minimum wage. The required wage must be the highest of the prevailing wage, or the federal, state, or local minimum wage applicable to the job in the area of intended employment during the H-2B certification period. ” Summary Certain foreign workers, sometimes referred to as guest workers, may be admitted to the United States to perform temporary labor under two temporary worker visas: the H-2A visa for agricultural workers and the H-2B visa for nonagricultural workers. This step establishes the minimum wage that must be paid to the H-2B workers, ensuring it aligns with wages paid to similarly employed U. When it comes to H-2B labor, employers must comply with specific requirements. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire Mar 24, 2025 · The Employment and Training Administration (ETA) of the Department of Labor has issued a Notice to announce the annual updated dollar amount H-2A employers may charge workers, other than workers in herding or production of livestock on the range occupations, for providing meals and the maximum and minimum rate at which H-2A and H-2B workers May 7, 2024 · For H-2B visa holders engaged in seasonal work in less-skilled jobs the prevailing wage is the mean wage for the detailed occupation and work location of the job, based on the most recent Occupational Employment and Wage Statistics (OEWS) data. Unlike other states, Alaska maintains a uniform rate statewide and offers no tip credit. Oct 29, 2024 · Congress established the H-2 visa program in 1952 to allow U. Jul 23, 2024 · The H-2B visa program has slowly entered the menu of work visa options when sponsoring foreign national employees. Such changes could make it financially unfeasible for many H-1B professionals to obtain visas, particularly in entry-level positions. The employer must pay at least the offered wage, free and clear, during the entire period of the Application for Temporary Employment Certification granted by OFLC. But fear not! Ensuring fair wages for your H-2B workers isn't just ethical, it's essential for program compliance and a thriving workforce. Record Keeping: Employers must maintain records of H-2B workers’ wages, hours, and working conditions. businesses to directly hire seasonal foreign guest workers when American workers were not available, with the aim of “alleviating labor shortages … particularly in periods of intense production. Discover the H2B Data - Seasonal Workers Wage Calculator for accurate and up-to-date prevailing wage levels. The requirement to pay prevailing wages as a minimum is true of most employment-based visa programs involving the U. Note: Employee rates can be batch edited by changing all employees at the old rate to the new rate. Employers are required to file Form ETA-9141 and obtain a Prevailing Wage Determination (except in emergency circumstances) prior to filing an H-2B application. Understand how to most effectively use our prevailing wage level calculator for information regarding minimum salary requriements for all H1B, H1B1, EB3, and H2B Visa Jobs. Department of Labor requires that H-2B visa workers, who are employed in less-skilled seasonal work, must be paid at least the prevailing wage for their occupation and work location. Same data as flcdatacenter. The H-2B program requires the employer to attest to the Department of Labor through a Labor Certification that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved The H-2B program requires the employer to attest to the Department of Labor through a Labor Certification that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved The Fair Labor Standards Act (FLSA) ensures minimum wage and working-condition standards for most agricultural employees. R § 655. Nov 1, 2024 · However, rather than setting a predefined adverse effect wage rate, which is the standard for the H-2A program, employers utilizing H-2B labor petition the U. A complete guide to the H-2B visa and all housing, wage, transportation and food requirements Oct 1, 2025 · Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U. workers in similar roles. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended. The H2B Employee The H2B visa applicant does not have to meet many specific requirements in order to qualify for the visa category. Citizenship and Immigration Services (USCIS), the The Employee Rights Under The H-2B Program is a Federal workers rights law poster provided for businesses by the Federal Department Of Labor. Find detailed answers to your h2b workers questions about h2b visa process, h2b visa extension and amendment. Feb 26, 2020 · DOL’s Wage and Hour Division also has certain concurrent enforcement responsibilities. Jul 10, 2025 · The FLC programs are designed to ensure that the admission of foreign nationals to work in the United States will not adversely affect the job opportunities, wages and working conditions of U. In its job offer to U. Citizenship and Immigration Services (USCIS) and the U. H-2B Online Filing via FLAG System Program Overview To issue an H-2B certification to an employer, the U. Dec 17, 2021 · The program requires participating employers to comply with all applicable federal, state minimum wage and local wage payment laws when compensating H-2B workers. However, supplemental H-2B visas have been authorized in recent years. Your work contract or visa program requires it. Department of Homeland Security’s (DHS’s) U. This list represents the top 10 H-2B jobs in 2024. So if businesses are clamoring for more H-2B visas, they must pay better wages. Department of Labor’s (DOL’s) Employment and Training Administration. FACT: Hiring H-2B workers is a much more expensive and risky option. H-2B Visa Job Qualifications WHD Wage and Hour Division Administered Immigration Programs H-2B Program H-2B Fact Sheet Numerical Index The requirement to pay prevailing wages as a minimum is true of most employment-based visa programs involving the Department of Labor. businesses paying below-market wages to H-2B workers—sometimes wages that only amount to a few dollars an hour. employers who meet specific regulatory requirements to bring foreign non-immigrant workers to the United States to fill temporary non- agricultural jobs. Department of Labor (DOL) to determine the Adverse Effect Wage Rate (AEWR) for H-2A visa workers. Learn more about the specifics from Farmer Law PC. agricultural producers named as a joint employer, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective The H-2B visa is not associated with a particular industry or job type. Wage statements for H-2B employers New York State Department of Labor Form FL 447 is a blank wage statement containing the fields that employers of H-2B workers must provide to document each pay period to comply with the Wage Theft Prevention Act. Employers seeking H 2B workers must take Apr 29, 2015 · The Department of Homeland Security (DHS) and the Department of Labor (DOL) are issuing final regulations governing certification of the employment of nonimmigrant workers in temporary or seasonal non- agricultural employment. The AEWR is the minimum wage that must be paid to H-2A workers in order to protect the wages and working conditions of U. Unlike the H2B visa, though, the H2A one is for agricultural jobs instead of nonagricultural. OFLC Wage Search Please note that all fields are required for submission. The visa cannot be used to travel to other areas of the United States. The Rule is aimed at modernizing the The employer can deduct the difference between the H-2B offered wage and the FLSA minimum wage multiplied by the number of hours worked per week, provided the deduction was properly disclosed to the worker in the job order. H-2B Visa Program Overview The H-2B program allows U. The employer must guarantee payment of wages for at least three-fourths of the contract period and the wages must be at or above the federal, state, or local minimum wage or the prevailing wage rate, whichever is highest. Apr 16, 2008 · Many foreign guestworkers who come to the United States under the H-2B program are cheated out of wages, abused and practically held captive by their employers due to weak regulation and a lack of federal enforcement, a Southern Poverty Law Center expert told a U. Your employer must pay you at least the federal legal minimum wage for most jobs. 16 Assurances and obligations of Nov 19, 2024 · Modifying and enforcing stricter wage requirements for H-1B visa holders, likely reintroducing a 2020 Department of Labor rule that would have raised the required wages for H1B workers. Your employer must pay you more than the federal minimum wage if: You work in a state, city, county, or locality that has a higher minimum wage. Although there is no exhaustive list of jobs that qualify for the program, it has been geared towards labor-intensive, low-wage occupations that do not require advanced degrees. Oct 6, 2022 · The Prevailing Wage Determination is the wage rate that all H-2B employers must pay to its H-2B beneficiaries. This final rule sets forth how DOL provides the consultation that DHS While the H-2B visa addresses employers’ critical labor needs, it also comes with a set of obligations. 22 (e)] which: Jan 28, 2011 · The U. workers who are able, willing, qualified, and available to do the temporary work. What is the purpose of an H2B visa? An H2B visa is a temporary work visa that allows foreign nationals to come to the United States for temporary or seasonal non-agricultural employment. Explore the essential rights of H2B visa workers in the USA, including wage laws, working conditions, and legal protections. The H-2B program is administered by the U. Bot VerificationVerifying that you are not a robot Oct 1, 2025 · To qualify for H-2B nonimmigrant classification, the petitioner must establish that: There are not enough U. Sep 8, 2023 · Meet wage and work hour requirements H-2B employers must offer full-time employment (35+ hours per week) for the duration of the H-2B contract period, at a government-assigned wage rate. Jul 13, 2022 · To prevent an adverse effect on U. This special wage is called the Adverse Effect Wage Rate, or AEWR, and is The H-2B program is administered by the U. In all but one of the top 15 H-2B occupations in 2019, the average hourly wage certified nationwide for H-2B workers was lower than the average hourly wage for all workers in the occupation nationwide. Key Features Question: How much in wages am I required to pay an H-2B worker? Answer: A H-2B worker must be paid the prevailing wage for the county in which the worker is working. Oct 9, 2025 · 1. The “H-2B mean wage” is classified as Level 3, meaning it is well above the federal minimum wage. Covers seasonal, peak load and eligibility. for a temporary period. Sep 4, 2023 · US Employer H-2B visa guide for temporary nonagricultural workers. F. This wage must not be based on piece-rates, commissions, or other incentives unless a guaranteed wage equal to or exceeding the prevailing wage is offered. The H-2B program operates mainly under regulations issued by DHS in 2008 on H Oct 13, 2021 · The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed occupations. The H-2A visa is for temporary agricultural jobs, while the H-2B visa is for temporary non-agricultural jobs. 1. Prevailing Wage Determination (PWD): The employer initiates the process by requesting a Prevailing Wage Determination from the U. The H-2B visa program is used to bring in non-agricultural workers to fill job positions if there’s a shortage of U. Legislative initiatives suggest future increases to address cost of living Mar 27, 2025 · US businesses hit the statutory cap on H-2B seasonal work visas for fiscal year 2025, Citizenship and Immigration Services announced, clearing the way for release of thousands of supplemental visas. In addition the fact that employers are required to pay H-2B workers and similarly employed workers a premium wage that is often well above the federal minimum wage, complying with the H-2B program is extremely costly, complicated Dec 15, 2022 · Too often, we see U. The deductions may only be made until the employer has recouped the entire transportation cost. Department of Labor. Jul 2, 2025 · On Dec. May 1, 2024 · To comply with the Immigration and Nationality Act, the U. . employer, a U. A detailed list of those obligations can be found on Form ETA-9142B, Appendix B, [1] which the employer will need to review and sign later during the H-2B process. employers or U. In addition, the H-1B, H-1B1, and E-3 programs require the employer to pay the prevailing wage or the actual wage paid by the employer to workers with similar skills and qualifications, whichever is higher. + What is the visa cap and how does it affect my application? The government can only issue 66,000 H-2B visas per year. May a worker be offered more than the specified hours of work on a single workday? Yes. Remind me again: who will get the visas? Oct 1, 2025 · The H-2A program allows U. In all recruitment activities (such as the newspaper advertisements, job order, any offers to former U. Aug 1, 2025 · The visa allows its holder to work legally in the U. H-2B Foreign Labor Certification Job Order Instructions for Alaska Employers The H-2B temporary non-agricultural program allows U. Worried about H2B visa requirements? Get the complete list of documents, fees, and processes to make your application hassle-free! Do you want to work legally in the United States and earn money for you and your family? The H-2 visa program makes it possible. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire The program requires participating employers to comply with all applicable federal, state minimum wage and local wage payment laws when compensating H-2B workers. DOL’s Wage and Hour Division also has certain concurrent enforcement responsibilities. com with additional features. Before requesting H-2B classification from the U. The H-2B program operates mainly under regulations issued by DHS in 2008 on H MYTH: THE H-2B PROGRAM REPRESSES WAGES FOR AMERICAN WORKERS BY PROVIDING A CHEAPER LABOR SOURCE. Information for H-2 visa applicants This video Jan 3, 2025 · Per the rule, employers must pay for transportation and visa expenses of H2B employees and shifting these costs to the employees would effectively bring them below the minimum wage in their first week of employment. Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. Jun 2, 2016 · Through the H-2B visa program, employers can temporarily bring foreign workers to the United States to perform low-wage work such as landscaping, forestry, housekeeping, and construction. Because the visas are sponsored by employers, H-2B guestworkers cannot switch employers if they are abused, meaning these workers often toil for low wages in poor conditions. The Office of Foreign Labor Certification’s (OFLC) Foreign Labor Jun 27, 2025 · Read the complete H-2B visa application guide covering eligibility, documentation requirements, and how to apply for a seasonal work visa in the US. ” During the Reagan Administration, Congress created separate visa programs: the H-2A visa, for temporary agricultural workers; […] Apr 10, 2024 · Just like the H2B visa, an H2A visa is meant to bring foreign workers into the U. This obligation remains in effect throughout the entire period of the approved H-2B labor certification. workers, etc. This notification is required for some employers, such as employers of h-2b visa employees in non-agricultural fields. Prevailing Wage Level Calculator for H-1B, H-1B1, E-3, H-2B Visas and PERM Labor Certification. workers who are qualified and who will be available to perform the temporary services or labor for which an employer desires to hire foreign workers; and that The employment of H-2B worker (s) will Nov 18, 2022 · The H2B visa classification allows employers to bring foreign national workers to fill temporary nonagricultural positions. Other Federal wage statutes, such as the overtime provisions of the Fair Labor Standards Act, also apply to H-2B workers in the same way as they apply to other U. workers in similar agricultural positions and is updated annually. In recent years, there has been a substantial increase in construction companies turning to the H-2B visa program to fill their laborer needs. Seeking guidance on navigating the complexities of the H-2B visa program's wage requirements? You're not alone. workers, H-2B employers must offer and provide required wages and benefits to H-2B workers and workers in corresponding employment. H-2A and H Oct 31, 2024 · However, rather than setting a predefined adverse effect wage rate, which is the standard for the H-2A program, employers utilizing H-2B labor petition the U. This Once the visa is issued the worker may lawfully enter the United States however, most H2B visas for employment in Guam are for entry to Guam only. (1) The offered wage in the job order equals or exceeds the highest of the prevailing wage or Federal minimum wage, State minimum wage, or local minimum wage. 2, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of fiscal year 2025. 4 LII Electronic Code of Federal Regulations (e-CFR) Title 29—Labor Subtitle B—Regulations Relating to Labor CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR SUBCHAPTER A—REGULATIONS PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT Subpart B—Enforcement § 503. Lou Leon Guerrero on Monday. A U. This form is also available in Chinese, Haitian Creole, Korean, Polish, Russian, and Spanish. Poster PDF View Poster Content Required for Some Workers Rights Law H-2A wage rates for 2025. Current Workers’ Compensation policy. The purpose of this visa is to meet the demand for temporary workers in industries such as tourism, hospitality, landscaping, and construction when there are not enough qualified or available American The H-2B program requires the employer to attest to the Department of Labor through a Labor Certification that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved The H-2B visa allows United States seasonal employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the United States to perform non-agricultural labor or services of a temporary or seasonal nature. The employer must meet several requirements before actually bringing non October 31, 2025. Here's what employers need to know. One way to fix this would be to require that The Wage and Hour Division may assess civil money penalties and recover unpaid wages for violations of the terms and conditions of employment under the H-2B program. agent as described in the regulations, or an association of U. This limit is referred to as the “visa cap. The H-2A visa is not subject to any numerical limitations, while the H-2B visa is subject to a statutory annual cap of 66,000. Sep 21, 2024 · Alaska’s minimum wage will rise to $11. The Department of Labor Announces that the Office of Foreign Labor Certification has Resumed Application Processing The Department of Labor has resumed processing of employer requests for prevailing wages and labor certification determinations for temporary and permanent employment in the United States. 73 per hour in 2024, with annual inflation adjustments. H-2B’s require considerable investment as the procedure to obtaining these visas can involve as many as five different state and federal governmental […] H-2B workers perform nonagricultural, temporary jobs in a variety of fields, including landscaping, meat and seafood processing, and construction. Department of Labor (the Department) must determine that: There are not sufficient U. Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U. (a) Rate of pay. S House subcommittee today. labor laws, including rights to minimum wage and safe working conditions. in H-2B status, although for relatively short periods of time. Question: What are all the documents involved in the H-2B process? Feb 16, 2021 · The PWD is DOL’s minimum wage rate for H‑2B employers and, outside the visa cap, it is the most important, contentious, and expensive rule, causing many employers to drop out of the legal process. ), the employer must offer at least the highest of the prevailing wage rate or the applicable Federal, State, or local minimum wage. New H-2B wage rates for common construction positions were approved by United States Citizenship and Immigration Services, according to an announcement from Gov. Apr 19, 2024 · The H-2B program relies on a single prevailing wage, the mean wage from the Occupational Employment and Wage Statistics (OEWS) Survey, for each occupation and labor market area. and H-2A workers, the employer must state the minimum and maximum dollar amount that workers will receive for daily subsistence when traveling to and from the place of employment. 210 (g) and . The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peak load need, or intermittent need. An employer will not meet the wage payment requirements when unauthorized deductions, rebates, or refunds reduce the wage payment made to the worker below the required amount or where the worker fails to receive such amount free and clear because the worker “kicks back” directly or indirectly to the employer (or to another person for the The H-2B visa program allows U. See 20 CFR 655. Foreign workers must obtain temporary visas which are divided into two categories: H-2B visas for those who will be employed in the United States temporarily and H-2A visas for those who are employed as seasonal agricultural workers. Employers who understand and comply with those obligations can reap H-2B’s rewards while avoiding legal hot water. Be Paid Fairly Your employer must pay you for all work you do. Jan 1, 2025 · For range occupations, the wage offered and paid to H-2A workers and workers in corresponding employment must equal or exceed the monthly AEWR, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or State law or judicial action, whichever is highest. 9 H-2B employers must pay their workers the highest of the prevailing wage rate or the federal, state, or local minimum wage. Jun 5, 2024 · Employee Rights: H-2B workers are protected under U. This visa, like many other employment visas, requires employer sponsorship. Guarantee employment for at least 75% of the contract period. nubk nsbcx vvrv sajiju kowbic hpltse uyootd vzweq gcfsq hvpkiul rykykd nohfcn zfxz scgp rilqi