What Rights Do H-2B Workers Have?
- jessicaihc
- May 25
- 1 min read
Short answer: H-2B workers have the same core workplace protections as U.S. workers—plus a few specific guarantees.
The Basics
H-2B workers are protected under federal law and H-2B regulations, including 20 CFR § 655.20.
👉 You’re not hiring “temporary labor with fewer rights. ”You’re hiring workers with defined legal protections.
Key Rights
H-2B workers are entitled to:
Fair wages
At least the prevailing wage or applicable minimum wage
The 3/4 guarantee
Must be offered at least 75% of the hours in the job order
Equal treatment
Same pay, benefits, and working conditions as U.S. workers
Safe working conditions
Compliance with workplace safety laws
Inbound and outbound transportation
Reimbursement requirements apply under certain conditions
No recruitment fees
Workers cannot be charged for obtaining the job
What This Means for Employers
You must:
Follow the job order as written
Apply the same standards to U.S. and H-2B workers
Keep records and document compliance
👉 The job order is not just a posting—it’s a binding set of terms.
Where Employers Get Tripped Up
Treating H-2B workers differently from U.S. workers
Not following the exact terms of the job order
Overlooking reimbursement and guarantee requirements
The Reality
Most issues don’t come from intentional violations—they come from not fully understanding the obligations.
Bottom Line
H-2B workers have real, enforceable rights.
If you treat the job order as a contract and follow it closely, you’re on solid ground.
