U.S. Department of Labor Issues Updates to Allowable Charges for Seasonal Farmworkers

On March 24, the Federal Labor Certification Program (FLCP) announced updates to the annual allowable charges for meals and travel subsistence reimbursement for H-2A temporary agricultural workers, including provisions for lodging.

H-2A agricultural employers who are employing workers in occupations other than herding or production of livestock on the range must offer and provide workers three meals per day or free and convenient cooking facilities. According to the new guidelines, the allowable meal charge is set at $16.28 per day unless the OFLC Certifying Officer approves a higher charge, as authorized under 20 CFR 655.173(b).

Reimbursement for Travel-Related Subsistence

H-2B and H-2A employers must pay reasonable travel and subsistence costs, including the costs of meals and lodging, incurred by workers during travel to the place of employment from the place from which the worker has come to work for the employer and from the place of employment to the place from which the worker departed to work for the employer, as well as any such costs incurred by the worker incident to obtaining a visa authorizing entry to the United States for the purpose of H-2A or H-2B employment.

The minimum transportation subsistence is $16.28 per day and the maximum is $68.00 per day, contingent upon the provision of receipts or documentation of actual expenses.

Additionally, the reimbursement for transportation costs must align with the most economical and reasonable cost, ensuring fair compensation for travel expenses incurred by workers.

These updates aim to provide clarity and support for both employers and H-2A workers in managing expenses.

Please contact Brandon Davis or any member of the Phelps Immigration team if you have questions or need advice or guidance.