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H-2B Workers

Temporary non-immigrants who enter the United States as H-2B workers to perform non-agricultural labor and services have the following rights:

Job Opportunity:

Your employer must provide you a full-time temporary position.

Your working conditions and terms must comply with all applicable Federal, State and local employment laws, including health and safety laws.

Wages: You must be paid the higher of either the statutory minimum wage or the prevailing wage for the area of intended employment during your approved H-2B labor certification period.

Allowable Deductions: Your employer must make all lawful deductions from your paychecks that are required by law (e.g., Federal and State taxes).

Illegal Deductions: Your employer may not require you to pay, either directly or indirectly, for anything related to obtaining the labor certification, including any part of the petition filing fee, the employer’s attorneys’ fees or agent fees, or recruitment costs.

Notice:

Your employer may not place you outside the area of intended employment without obtaining a new temporary labor certification from the Department of Labor.

Your employer is required to notify the Department of Labor and the Department of Homeland Security in writing within two days upon discovering your separation from employment.

Transportation: Your employer is required to provide return transportation to your home country if you are dismissed before the end of your authorized period of stay.

Records: You should keep a record of the hours you work and the wages you are paid.