What an H-2B Worker Costs and the U.S.-Worker Recruitment Steps Before Filing
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed September 23, 2026
Legal Inquiry
Consumer Legal Issue
What is the all-in cost per H-2B worker, including attorney, filing, recruitment, travel and housing, and how does the prevailing wage compare to what we pay now?
What recruitment and U.S.-worker priority requirements must we meet before we can file?
Attorney Answer
There is no defensible all-in figure without headcount, sites, dates, consular post, the wage determination and vendor quotes, but the components are known. Government fees (USCIS fee schedule, edition 09/09/26): Form I-129 for named H-2B workers $1,080 ($540 for small employers or nonprofits), unnamed workers $580 ($460); fraud prevention fee $150; Asylum Program Fee $600 ($300 small employer, $0 nonprofit); premium processing for H-2B $1,780. Add attorney or agent fees, recruitment, the DOL prevailing-wage floor, payroll and overtime, administration, and any promised lodging. H-2B does not carry H-2A's free-housing rule, but promised lodging and deductions must match the job order and wage law.
Costs you cannot shift to workers: the employer and its agents may not seek or receive 'payment of any kind from the worker for any activity related to obtaining H-2B labor certification or employment, including payment of the employer's attorney or agent fees, application and H-2B Petition fees, recruitment costs' (20 C.F.R. § 655.20(o)), and recruiters must be contractually barred from charging workers (§ 655.20(p)). Inbound transportation and subsistence must be provided or reimbursed once the worker completes half the job order, and outbound at the end (§ 655.20(j)); separately, the Fair Labor Standards Act can require earlier reimbursement where visa and travel costs push first-week pay below minimum wage. Pay at least the offered wage, which must meet the prevailing wage (§ 655.10). The current rules were upheld in Outdoor Amusement Business Ass'n v. DHS.
Recruitment is part of the DOL filing, not something that precedes it. After the Notice of Acceptance the employer must run the required recruitment within 14 days (§ 655.40(b)): the job order, newspaper or other required steps, and contact with former U.S. workers, including those laid off within 120 days before the date of need (§ 655.43). Terms offered to U.S. workers may be no less favorable than those offered to H-2B workers (§ 655.41(a)). Qualified U.S. applicants must be accepted and hired 'until 21 days before the date of need' (§ 655.40(c), § 655.20(t)); only lawful, job-related reasons justify rejection; and no similarly employed U.S. worker may be laid off from 120 days before the date of need through the certification period (§ 655.20(v)). Document every applicant. Certification must be in hand before the USCIS petition is filed.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- Outdoor Amusement Business Ass'n v. DHS, 983 F.3d 671 (2020) — U.S. Court of Appeals for the Fourth Circuit
Upheld the current joint H-2B program and wage rules.
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Frequently Asked Questions
What are the USCIS fees for an H-2B petition?
Under the fee schedule dated September 9, 2026: $1,080 for named workers ($540 for small employers or nonprofits), $580 for unnamed workers ($460), a $150 fraud fee, an Asylum Program Fee of $600 ($300 for small employers, $0 for nonprofits), and $1,780 for premium processing.
Can H-2B workers be charged for recruitment or petition costs?
No. The employer and its agents may not seek or receive payment from workers for labor-certification or employment costs, including attorney fees, petition fees and recruitment costs, and recruiters must be contractually barred from charging workers.
How long must an H-2B employer keep hiring U.S. applicants?
Qualified U.S. applicants must be accepted and hired until 21 days before the date of need, and no similarly employed U.S. worker may be laid off from 120 days before that date through the certification period.