pizza making, la Défense-068
Image by Julie70 via Flickr

Today’s article will discuss the H-2B visa worker, common problems (including unpaid wages) H-2B workers face, and legal rights for those workers.

The H-2B visa is for short-term or seasonal workers in non-agricultural positions, such as landscape, cleaning, construction, hotel, and restaurant workers.

Some H-2B employers unlawfully seek fees from H-2B workers, fail to provide them required wages, or in some cases commit fraud.

If you are an H-2B worker subject to exploitation, or know such a worker, we hope this post will help inform you of your legal rights.

What Are the Employer’s Obligations to the H-2B Temporary Employee?

Job and Wage

If you are an H-2B temporary employee, you have the following rights regarding your job and wages:

  • Your job must be full-time work, i.e. minimum of 30 hours per week, unless state or local law defines a full-time job as fewer hours.
  • You cannot be put to work outside the area of intended employment listed on the Application for Temporary Employment Certification unless the employer has obtained a new temporary labor certification from the Department of Labor (DOL).
  • You must be paid at least once a month.
  • You should not be charged fees for being recruited or for costs related to labor certification, including legal fees.
  • %0