H-2B Employer Obligations and Worker Protections

Every H-2B certification is a set of promises. When an employer signs the Appendix B attestations to Form ETA-9142B, it agrees to a list of H-2B employer obligations that protect both the foreign workers it hires and the U.S. workers it might otherwise displace. This chapter explains those obligations in plain language: wages, hours, the three-fourths guarantee, travel and visa costs, prohibited fees, recruitment duties, records and notices.

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Key takeaways on H-2B employer obligations

The core H-2B employer obligations appear in DOL’s rules at 20 CFR 655.20 and are enforced by DOL’s Wage and Hour Division under 29 CFR Part 503.
Pay at least the highest of the prevailing wage, the offered wage and any applicable minimum wage, for every hour, for the whole certification period.
Pay visa and related fees in the first workweek, reimburse inbound travel and subsistence no later than the halfway point, and pay return travel if the worker completes the period or is dismissed early.
Workers may never pay recruitment fees. Every recruiter agreement must say so, and since 2025 violations can lead to mandatory petition denials.
Report a worker who leaves early to DOL and USCIS within two work days, and keep records for three years.

Wage obligations for H-2B employers

The prevailing wage and the offered wage

DOL’s National Prevailing Wage Center sets the prevailing wage for the occupation and area of intended employment. The employer must pay at least the highest of that prevailing wage, the federal minimum wage, and any state or local minimum wage. If the employer advertises a higher offered wage, the offered wage controls. Furthermore, if the prevailing wage rises during the season, for example after a new survey, the employer must pay the new rate from the date it takes effect.

Overtime and pay frequency

The job order must state the overtime rate, if any, and the employer must comply with the Fair Labor Standards Act and state law. Wages must be paid at least every two weeks, or more often if the prevailing practice in the area is weekly. Each payday the worker must receive an earnings statement showing hours offered, hours worked, rates, deductions and net pay.

Deductions

Only deductions required by law, such as taxes, and reasonable deductions disclosed in the job order are allowed. Deductions for housing, meals or advances must be stated up front. A deduction cannot reduce pay below the required wage when it primarily benefits the employer. For the 2027 filing cycle, every deduction the employer intends to take should be listed in the application itself, not only in the job order.

H-2B employer obligations on hours: the three-fourths guarantee

H-2B jobs must be full-time, which DOL defines as at least 35 hours per workweek. The employer must also offer each worker employment for at least three-fourths of the workdays in each 12-week period of the certification, or each 6-week period for certifications shorter than 120 days. If the employer offers fewer hours, it owes pay for the difference.

Since 2016, appropriations riders have barred DOL from enforcing the three-fourths guarantee and the related “corresponding employment” rule. However, the guarantee still has to appear in every job order. Moreover, workers can rely on the job order as a contract. Accordingly, employers should schedule only the hours their actual work supports.

Travel and visa cost obligations for H-2B employers

Visa and border fees: The employer pays or reimburses the visa fee, visa processing and border-crossing fees in the first workweek.
Inbound travel and daily subsistence: The employer reimburses the cost of travel from the worker’s home to the worksite, plus daily meals and lodging during the trip, once the worker completes half of the certification period. The Fair Labor Standards Act may require reimbursement earlier, in the first workweek, to the extent the costs reduce pay below the federal minimum wage.
Outbound travel: If the worker completes the period, or the employer dismisses the worker early for any reason, the employer pays return travel and subsistence.
Tools and equipment: The employer provides required tools, supplies and equipment without charge.

Prohibited fees: an H-2B employer obligation with teeth

Neither the employer nor its agents or recruiters may seek or receive any payment from a worker for recruitment, placement or the job opportunity. In addition, the employer must contractually forbid its agents and foreign recruiters from charging workers such fees. It must disclose copies of those recruiter agreements to DOL with its application.

The consequences grew sharper in 2025. Under the DHS modernization rule, USCIS must deny or revoke a petition when the employer or its agent collected prohibited fees. Furthermore, a one-year bar on new petitions follows, extended by three years unless every affected worker is fully reimbursed.

Housing and daily transportation

Unlike the H-2A farm program, H-2B does not require employers to provide housing. If an employer offers housing, the job order must state the terms clearly, including any charge. For households, lodging in the home is usually described as optional. If the employer provides daily transportation to and from the worksite, the job order must say so, and the transportation must meet applicable safety rules.

Disclosure, posting and fair treatment

Job order disclosure: Give each worker a copy of the job order, in a language the worker understands, no later than the time the worker applies for the visa. For workers already in the U.S., give it by the start of work.
Worker rights poster: Display DOL’s H-2B worker rights poster at the worksite, in English and, where necessary, in another language.
No retaliation: Do not discriminate against or discharge anyone who files a complaint, testifies or asserts a right under the program.
Passports: Never hold a worker’s passport or other identity documents.
Compliance with law: Comply with all federal, state and local employment laws, including state domestic-worker protections for household employers.

H-2B employer obligations to U.S. workers

The H-2B program exists to supplement, not replace, the U.S. workforce. Consequently, the employer must:

offer U.S. workers at least the same wages and working conditions offered to H-2B workers;
hire qualified U.S. applicants referred until 21 days before the date of need;
not lay off similarly employed U.S. workers in the area from 120 days before the date of need through the end of the certification, except for lawful, job-related reasons, and offer the job to any laid-off U.S. worker first;
contact former U.S. workers from the prior season during recruitment; and
not impose job requirements that are not normal for the occupation, such as a degree for a nanny or a house manager.

Where and how workers may be employed

The certification is narrow. It names one employer, one occupation, one area of intended employment, and one period. An employer may not place workers outside the certified area, assign them to a different occupation, or lend them to another employer, even an affiliate, without a new certification and petition. Unauthorized placement is a listed violation and a ground for debarment. Chapter 10 explains how these violations arise in practice.

Notice and record obligations for H-2B employers

Separation notices

If a worker leaves early, or fails to report for work for five consecutive working days without consent, the employer must notify DOL in writing and USCIS within two work days after discovering it. Timely notice protects the employer from the three-fourths guarantee and return-travel obligations for that worker. Under current DHS rules, the notice implies no wrongdoing by the worker.

Records

Keep earnings records, the recruitment report, applications, job orders and other program documents for three years from the end of the certification, and make them available to DOL on request.

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Frequently asked questions

What are the main H-2B employer obligations?

Pay at least the required wage, offer full-time work and the three-fourths guarantee, cover visa fees and travel, provide tools, never charge recruitment fees, recruit and protect U.S. workers, keep the worker within the certified job and area, report separations and keep records.

Does an H-2B employer have to provide housing?

No. Housing is not required for H-2B. If housing is offered, its terms and any charges must be disclosed in the job order.

When must an H-2B employer reimburse travel?

Visa fees must be paid in the first workweek. Inbound travel and subsistence must be reimbursed by the time the worker completes half the period, or earlier where minimum-wage law requires. Return travel is owed if the worker completes the period or is dismissed early.

Can an H-2B worker be moved to another location?

Only within the certified area of intended employment and the certified job. Moving workers to another area, another occupation or another company requires a new certification and petition.

What happens if a recruiter charges an H-2B worker a fee?

The employer can face DOL penalties and debarment, and USCIS must deny or revoke the petition. Future petitions can be barred unless every affected worker is reimbursed.

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Official sources: DOL OFLC: H-2B program · 20 CFR Part 655, Subpart A · 8 CFR 214.2 · USCIS: H-2B temporary non-agricultural workers · DOL Wage and Hour Division: H-2B · 29 CFR Part 503 · DOL program debarments

Attorney advertising. This guide is general information as of October 2026, not legal advice for your situation, and it does not create an attorney-client relationship. Immigration rules, fees, processing times and cap figures change often. Prior results do not guarantee a similar outcome.

Key takeaways on H-2B employer obligations