This Week in Immigration

H-2A and H-2B Meal and Travel Reimbursements

Concerns US Businesses Hiring Seasonal Workers

On April 7, 2026, Department of Labor issued notice of new rules that concern the following:

1.      Allowable Meal Charge for H-2A Employers

One of the core obligations for H-2A employers is the need to provide either three meals per day or free and convenient cooking facilities to seasonal agricultural workers.  If meals are provided, the employer may charge the employee.  DOL sets the maximum daily meal charge per worker for 2026 to $16.78 per day, unless the OFLC Certifying Officer approves a higher amount.  Employers must state the meal charge amount in the job offer.  The amount will be subject to annual adjustments in the future.

2.      Travel-related Subsistence Reimbursements for H-2A and H-2B Employers

H-2A and H-2B employers must pay, advance, or reimburse workers for reasonable transportation and daily subsistence costs (meals and lodging) for inbound and outbound travel.  Inbound reimbursement must be dispensed once the worker completes 50% of the job order period.  Outbound reimbursement, on the other hand, must be dispensed when the worker completes the contract or is dismissed.  The minimum daily subsistence amount is, as above, $16.78.  Besides inbound and outbound travels, employers must also cover visa-related travel cost (E.g. Worker must travel to U.S. consulate in a different city for visa interview).