As discussed in our previous newsletter “Best Practices: Part 1, Screening H-2A Applicants in the U.S.”, H-2A workers currently working in the U.S. may be seeking better options and start applying for a job directly to H-2A employers with higher AEWR.

As an H-2A employer, you may wonder if it’s possible to petition for them to work for you.

Best Practices 

Jason Resnick

H-2A employers must offer and provide each H-2A worker three meals per day or provide the workers free and convenient cooking facilities. If an employer elects to provide the meals to the H-2A workers, it must provide three meals per day to each employee living in employer housing per day, every day, including Sundays.

Employers may deduct the cost of the meals up to a daily limit imposed by law – currently $14.00 per day – unless the U.S. Department of Labor (DOL) approves a higher rate.

Jason Resnick

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