What H-2 Employers Must Provide: Housing, Transport and Wages (2026)

The H-2 programs are not informal arrangements. When an employer hires you on an H-2A or H-2B visa, they sign up to a detailed set of legal obligations, and knowing them is your best protection. Here is what employers must provide, what they may charge for, and what they can never do.

Wages: floors, not suggestions

H-2A: you must be paid at least the highest of the Adverse Effect Wage Rate (AEWR) for your state, the prevailing wage for the crop, the state or federal minimum wage, or the agreed contract rate. AEWRs in 2026 typically range from roughly $15 to $20 per hour depending on the region. Piece rates are allowed, but your earnings must average at least the hourly floor, with the employer making up any shortfall.

H-2B: you must be paid at least the prevailing wage determined by the Department of Labor for the occupation and area, stated in the job order. Overtime rules follow federal and state law.

In both programs, the wage in the job order is enforceable. An employer who pays less than the certified wage is violating the program.

Housing

• H-2A: free housing is mandatory. It must meet federal safety standards and is subject to inspection. You cannot be charged rent, though a capped daily meal charge is allowed where the employer provides meals instead of kitchen access.
• H-2B: housing is not required. Many employers offer it with a rent deduction; the terms must be disclosed. Read them before accepting, since housing costs change the real value of an offer dramatically.

Transport and travel costs

H-2A employers must provide daily transport between employer housing and the worksite, reimburse your inbound transportation and subsistence once you complete half the contract, and pay return travel when you finish. H-2B rules under current regulations similarly require employers to cover or reimburse inbound and outbound transportation for workers who complete the relevant portions of the job order. Employers in both programs are responsible for visa-related fees in practice, either directly or through first-week reimbursement rules that prevent your pay dipping below the required wage.

The three-quarters guarantee (H-2A)

H-2A employers must offer you work for at least 75 percent of the workdays in the contract period. If the season collapses and they cannot, they generally owe you what you would have earned for that guaranteed portion. H-2B has no equivalent guarantee, which is worth remembering when comparing offers.

Deductions: what is legal and what is not

Your paycheck will show deductions, and knowing which are legitimate prevents quiet wage theft. Lawful deductions include taxes required by law, a disclosed and capped meal charge in H-2A where meals are provided, and disclosed reasonable housing rent in H-2B. Unlawful or suspect deductions include charges for required safety equipment, fees for the visa or petition, "recruitment" or "processing" fees of any kind, and any deduction that drives your effective wage below the certified rate. Every deduction should appear on a written pay statement; keep your pay stubs and hours records for the whole season, photographing them if needed, because documentation is what turns a complaint into a recovery.

Also count taxes correctly when comparing offers: H-2 workers pay US federal income tax, and H-2B workers additionally have Social Security and Medicare withheld, while H-2A agricultural wages are generally exempt from those payroll taxes. That difference alone can move take-home pay by several percentage points.

What can never happen

• Recruitment fees: charging workers for a job offer or petition costs is prohibited in both programs. If a recruiter demands payment, the offer is either fraudulent or the employer is violating the rules.
• Passport confiscation: no employer may hold your passport or documents.
• Retaliation: you have the right to contact the Department of Labor's Wage and Hour Division about violations without being punished for it.

Before you sign

Ask for the job order and check: wage rate, start and end dates, hours per week, housing terms, and deductions. Legitimate employers provide this readily, because they filed it with the government. For how these documents fit into the sponsorship pipeline, see how US visa sponsorship works.

This article is general information, not legal advice. Regulations change; the authoritative sources are dol.gov and uscis.gov, and the Wage and Hour Division handles complaints.

Employers who follow the rules are actively looking for reliable seasonal workers. Create your free profile on Workmerica and let them contact you directly, for free, with no credit card required.