The Office of Foreign Labor Certification has published its annual update to allowable charges for temporary workers’ meals and for travel subsistence reimbursement, including lodging. These changes apply to all H-2A visa applications received on or after February 13, 2024.

New Allowable Meal Charges: In its job offer to U.S. and H-2A workers, the employer either must offer and state that it will provide each worker with three (3) meals a day or must state that it will furnish free and convenient cooking and kitchen facilities to the workers that will enable the workers to prepare their own meals. If the employer is going to provide the meals to the workers, the job offer must state the charge, if any, to the worker for such meals. The updated regulation stipulates that the allowable charge for meals provided to H-2A workers cannot exceed $15.88. Accordingly, until the Department publishes a new rate or approves a request for a higher amount by an employer, the maximum charge for meals should not be exceeded.

Transportation Subsistence Rates: The job offer must also detail the minimum and maximum daily subsistence amounts for workers traveling to and from the employment site. The established minimum daily subsistence rate for 2024 is set at $15.88, with the maximum rate capped at $59.00. Employers are obligated to cover, advance, or reimburse the subsistence expenses for workers who complete over 50 percent of the work contract period, including reasonable costs for lodging when necessary. Moreover, for workers who complete their contract or are terminated without cause, and have no immediate subsequent H-2A employment, employers must cover the subsistence expenses for the return journey. The reimbursement for transportation and lodging, where required, must reflect the most economical and reasonable costs.

All H-2A cases received on or after February 13, 2024, will have to list the rates below in the application.

For any further clarification or assistance, please do not hesitate to reach out to Western Growers H-2A Services or visit the official Federal Register website for more detailed information.