Ensuring Fair Wages for H-2B Workers: Understanding the Wage Requirements

Key Wage Requirements for H-2B Employers

• Prevailing Wage Rate: H-2B employers must pay their workers and workers in corresponding employment at least the highest of the prevailing wage rate obtained from the Employment and Training Administration (ETA) or the applicable Federal, State, or local minimum wage.
• Guaranteed Wage: The wage rate must be met "free and clear" without unauthorized deductions or kickbacks to the employer.
• Pay Frequency: H-2B employers must pay at least every two weeks or according to the prevailing practice for that occupation in the area of employment, whichever is more frequent.
• Deductions: Only deductions required by law or disclosed in the job order are permitted.
• Recruitment Wage: In all recruitment activities, the employer must offer at least the highest of the prevailing wage rate or the applicable Federal, State, or local minimum wage.

Obtaining Prevailing Wage Information

H-2B employers must request a prevailing wage from the National Prevailing Wage Center (NPWC) by submitting a completed ETA Form 9141, Application for Prevailing Wage Determination. This form can be found at http://www.foreignlaborcert.doleta.gov/.

Compliance with Other Federal Wage Requirements

In addition to the specific wage requirements outlined for H-2B workers, employers must also comply with all other applicable Federal wage laws, such as the overtime provisions of the Fair Labor Standards Act.

Ensuring Fair and Equitable Treatment for All Workers

By adhering to the wage requirements and other labor regulations, H-2B employers play a crucial role in protecting the rights of their workers and ensuring that they are treated fairly and equitably

.Together, we can navigate the complexities of the H-2B visa program's wage requirements and build a strong, compliant workforce that is both fair and productive.

Embrace transparency, prioritize fairness, and ensure compliance, and you'll reap the rewards of a satisfied, engaged workforce that contributes to your company's success.

Let's embark on this journey together and establish a thriving H-2B program that benefits all stakeholders. Work with us.