June 14, 2023
Do you work in the United States with an H-2B visa? Learn more about the ¾ guarantee included in your contract.
If you work with an H-2B visa in the United States, it is important for you to know the following:
The H-2B visa program offers some protections to workers. One of these protections is known as the 34 (three-fourths) guarantee, and it addresses the following:
The employer must guarantee employment for at least 75% (or three-fourths) of the total work hours that were agreed to in the contract.
Therefore, you should keep in mind that if the contract lasts for more than 120 days, you should recalculate the hours every 12 weeks. On the other hand, if the contract duration is less than 120 days, you should recalculate the hours every 6 weeks.
Even if the employer cannot give the set amount of work hours, employers must still pay those hours to the employees.
Even if the employer does not give you the set amount of hours, employers must pay their employees according to the three-fourths guarantee.
Why is this a protection?
Employees make decisions about their travel, expenses, and resources available for themselves and their families based on their contract’s terms.
In some cases, employers hire more workers than necessary to complete a task. If the employees work less hours, they receive a lower wage, and this affects their income.
Recall that, with this type of visa, the workers pay their own rent and transportation to their workplace. If workers are in a situation where their income drastically decreases but their expenses remain the same, they are at risk and face instability.
For this reason, it is important to:
Keep a copy of your work contract
Ensure that your contract indicates the amount of hours that you will be working each week and that it includes the start and end date of your employment period
Share with your coworkers this information and communicate your questions and concerns
How can I get compensation for my wages?
Unfortunately, the United States Congress prohibits the Department of Labor from compensating workers for lost wages, despite the three-fourths guarantee. In theory, it is possible to recover these wages through litigation, but finding a lawyer to take on the case can be difficult. The most straightforward action is for you and your coworkers to unite and demand your employer for the lost wages. The H-2B visas protect workers against acts of retaliation when asking for improvements in their workplace. If you and your coworker decide to ask your employer for these missing wages, you should keep record of the conversation details and keep any evidence.
If you have questions about workers’ rights, please contact Centro de los Derechos del Migrante, Inc. (CDM). If you are calling from Mexico, contact 800 590 1773. If you are calling from the United States, contact 1 855 2234 9699. To learn more about the protections you have under the H-2B visa, follow us on Facebook.
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