New Limits: How Much Can Bosses Charge H-2A Workers for Lunch?
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, travel, and lodging. These changes affect agricultural workers (except those herding or raising livestock on the range) and ensure fair costs for meals and travel reimbursements. Employers need to update their charges to match the new limits and keep things fair and clear for workers and the government.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Per diem rates for travel subsistence set for 2026
For travel-related subsistence in 2026, employers must reimburse H-2A and H-2B workers up to the CONUS per diem: $68.00 per day for meals and incidental expenses and $110.00 per day for lodging when receipts are provided. For meal reimbursement on less-than-full days, employers may limit reimbursement to 75 percent ($51.00) with receipts.
50% contract rule for travel payment
Employers must provide, pay in advance, or reimburse workers for transportation and daily travel-related subsistence to the place of employment if the worker completes 50 percent of the work contract period; employers generally must provide or pay at departure for return transportation and subsistence when the worker completes the contract or is terminated without cause.
H-2A meal charge cap updated
Starting April 7, 2026, H-2A agricultural employers (except herding or livestock on the range) may charge no more than $16.78 per day for providing three meals. Employers may only charge more if the Office of Foreign Labor Certification (OFLC) approves a higher amount in writing.
Obligation to provide meals or cooking facilities
H-2A employers (except herding or range livestock) must offer and provide three meals per day or free and convenient cooking facilities, and where meals are provided the job offer must state any charge to the worker. This obligation is enforced under 20 CFR 655.122(g).
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Key Dates
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