What Is the H-2B 3/4 Rule?

The H-2B “three-fourths rule” is a mandatory wage guarantee under 20 CFR § 655.20(f).

In simple terms: You must offer workers at least 75% of the hours listed in your job order.

What That Means for You

If you promise:

• 40 hours/week for 12 weeks = 480 hours

You are required to offer:

• 360 hours (75%)

If you only provide 300 hours?→ You still owe pay for the missing 60.

How It’s Measured

• 120+ day jobs → measured in 12-week periods

• Shorter jobs → measured in 6-week periods

You can violate the rule in a single period—you cannot fix it later.

What Doesn’t Matter

These do not excuse compliance:

• Weather

• Slow business

• Lack of work

That risk sits entirely with the employer.

Enforcement Reality

While enforcement has been limited due to resource constraints, that is not protection.

The Department of Labor can pursue:

• Back wages

• Penalties

• Debarment

And importantly:→ There is generally a three-year lookback period for wage violations.

Meaning: if enforcement ramps up, past noncompliance can still be audited and enforced.

Bottom Line

Every hour in your job order is a financial commitment.

If your projections are inflated or your staffing is loose, the 3/4 rule will catch up—whether now or later.