As a result of the many abuses of H-2B workers, including non payment or underpayment of promised wages, as well as “extra”, legally impermissible charges by Employers, the Wage and Hour Division of the Department of Labor has begun inserting H-2B worker rights cards prepared by U.S. DOL's Wage & Hour Division into the passports of foreign temporary seasonal workers entering the U.S. in H-2B status. The folded card, written in Spanish, was inserted into the passport of an H-2B worker who recently entered the US during the week of August 24, 2009. The text of these cards appears below.

US Department of Labor

Wage and Hour Division

This card provides an informative summary about the legal protections for H-2B workers. If you need additional information, call without charge at: 1-866-4US-WAGE (1-866-487-9243) or visit our web site at www.wagehour.dol.gov. Temporary Immigrants who enter the United States as H-2B workers to perform non-farming jobs, such as work in hotels/motels, landscaping, reforestation and meat packing plants, have at minimum the right to the same salary protections as American workers.

Minimum Payment for Wages: You must receive at least the applicable minimum wage or the wage that your employer promised to the Government that it will pay you, whichever is the higher rate, for all hours worked. Work done under federal contracts and in some states may require a higher minimum wage.

Overtime: Normally you should earn time and a half of your regular pay after of more than 40 hours worked in a seven day workweek. Some states may require payment of overtime for work in excess of 8 hours in a day.

Illegal Deductions: You must receive the minimum wage without conditions. An employer cannot make any deduction from your pay for work-related expenses-- like necessary tools to perform the job-if these deductions reduce your pay under the applicable minimum wage.

Documentation: Your employer must keep documentation of every hour worked and the wages paid. You need to keep documentation of every hour that you worked as well as the name, address and phone number of your employer.

Employers who employ H-2B workers are advised to use competent (and ethical) Immigration counsel when applying for H-2B visas, especially in light of the high level of fraud, scrutiny and potential for criminal charges in this area.