Farm Bosses: New Rules on Charging Migrant Workers for Meals
Published Date: 4/7/2026
Notice
Summary
Starting April 7, 2026, employers who hire H-2A and H-2B temporary foreign workers must follow updated rules on how much they can charge for meals and travel costs, including lodging. This affects agricultural employers (except those in herding or livestock range jobs) and ensures workers get fair treatment on meal charges and travel reimbursements. These updates keep things fair and clear for everyone involved!
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
Per Diem Rates for Travel Subsistence
If you are an H-2A or H-2B worker who qualifies for travel subsistence reimbursement, employers must reimburse daily subsistence up to the GSA CONUS per diem rates for 2026: $68.00 per day for meals and incidental expenses and $110.00 per day for lodging, when receipts are provided. For meal reimbursement for less than a full day, employers may limit reimbursement with receipts to 75% of the meal maximum, or $51.00.
Updated H-2A Meal Charge Limit
If you employ or work as an H-2A agricultural worker (except in herding or livestock on the range), the maximum an employer may charge for three meals per day is $16.78 per day effective April 7, 2026. An employer cannot charge more than $16.78 per day unless the OFLC Certifying Officer approves a higher documented amount under 20 CFR 655.173(b).
Employer Transportation Payment Rules
If you are an H-2A or H-2B worker, your employer must provide, advance-pay, or reimburse transportation to the worksite if you complete 50 percent of the contract/job order period, and must provide or pay return transportation when you complete the contract or are terminated without cause. Transportation payment must be the most economical and reasonable cost and applies to both domestic and international travel.
Approval Option for Higher Meal Charges
An OFLC Certifying Officer may approve a higher daily meal charge than the published maximum if an employer justifies and documents the higher amount in accordance with 20 CFR 655.173(b).
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