Client Alert: Action Required – update to H-2B subsistence rates (i.e., meals while travelling)

Pabian Law clients,

I hope all is well.  We are writing to send an important update that impacts H-2B travel reimbursement obligations.

***Please note that this email contains an action item that applies to all of Pabian Law’s H-2B clients – regardless of season.***

As of last week, April 7, 2026, H-2B workers are now entitled to a minimum reimbursement amount of $16.78 per day for “daily subsistence” (i.e., meals) while travelling and a maximum reimbursement amount of up to $68.00 per day.  The minimum amount has increased by 50 cents from 2025 rates ($16.28) – however, the maximum amount ($68.00) remains unchanged from last year.

What this means

During a worker’s travel to arrive at their H-2B employer’s property at the start of the season (“inbound”) or to depart at the end of their employment (“outbound”), the H-2B employer must reimburse not only for the transportation itself (if not paid/arranged directly), but also for other reasonable travel expenses (including meals).

• Who to reimburse: H-2B travel reimbursements apply to H-2B workers, as well as seasonal U.S. workers in the same position as an H-2B worker who are relocating to begin employment for the season (e.g., out-of-state/non-local U.S. workers).  It also applies to any worker relocating at the end of their employment, unless they are travelling to a subsequent H-2B employer (in which case, the subsequent employer is responsible).
• How much to reimburse:
  • If a worker provides receipts: you must reimburse the full amount up to $68.00 per day.
  • If a worker does not provide receipts: you must reimburse the worker a minimum of $16.78 per day.

• When to reimburse: the employer must provide reimbursement during the employee’s first workweek/paycheck (for inbound travel) or during the last workweek/as soon as possible thereafter (for outbound travel).
• How to reimburse:
  • For inbound travel: included in first paycheck, by separate reimbursement check, or via other common method – can be included in the same check for the worker’s transportation reimbursement.
    • Note: If you do not anticipate receiving meal receipts from all workers during their first workweek, we recommend including the $16.78 minimum on their first paycheck.  Then, if they provide receipts at a later date, you can reimburse the difference at that point.
  • For outbound travel: we recommend providing each worker who is entitled to travel reimbursement with an additional sum of $16.78 in their last paycheck.  Then, if a worker submits receipts for meals above this amount, you can send an additional check to cover the difference.

Ensuring that workers are aware of their entitlement to these reimbursements

H-2B regulations require that your H-2B workers and corresponding U.S. workers are aware of their entitlement to these new subsistence reimbursement amounts.  Note: reimbursement should be based on the rates in place at the time of travel.  Therefore, subsistence for travel before April 7, 2026 should be reimbursed at the old rates.  Only travel on or after April 7, 2026 will need to be reimbursed at the new rates.

Action item:

• For winter-season employers: Please forward this client alert by email to all of your H-2B workers.
• For summer-season employers: Please forward this client alert by email to all of your prospective H-2B workers (as well as relocating U.S. employees who will hold the same job) before they arrive for the season.  Then, please print/save the email for the employee’s file to document that you informed them of this update.

Please let us know if you have any questions.

Thank you,

Keith and the Pabian Law Team