Office of Foreign Labor Certification Publishes 2023 Update to Allowable Charges for H-2A and H-2B Employers

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February 10, 2023

Office of Foreign Labor Certification Publishes 2023 Update to Allowable Charges for H-2A Agricultural Workers' Meals and for H-2A and H-2B Travel Subsistence Reimbursement, Including Lodging

To: H-2A and H-2B Employers

The Employment and Training Administration has issued a notice in the Federal Register to announce the annual updated dollar amount H-2A employers may charge workers, other than workers in herding or production of livestock on the range occupations, for providing meals and the maximum and minimum rate at which H-2A and H-2B workers must be reimbursed for travel-related subsistence expenses.

The notice also includes a reminder of the continuing obligation of H-2A and H-2B employers to pay certain lodging and travel-related expenses workers incur while traveling to and from H-2A and H-2B employment.

This will be applicable to any new applications being filed today and moving forward. For applications already filed and pending processing and issuance of a Notice of Acceptance, or pending a Notice of Certification, the employer or agent may provide a blanket authorization to the Office of Foreign Labor Certification (OFLC) to update the Job Orders to reflect the new rate(s). For applications that have already been issued a Notice of Certification, the employer will be required to disclose the rate change(s) to job applicants, and employers are required to adhere to this change upon workers arrival.

Please contact the OFLC National Processing Helpdesk at tlc.chicago@dol.gov with any further questions regarding this change Notice.  

 

Agricultural and Foreign Labor Services
Office of Employment and Training - Workforce Development
Michigan Department of Labor and Economic Opportunity