The H-2A Three-Fourths Guarantee, Explained With an Example

The three-fourths guarantee is one of the most common sources of H-2A back pay. It is simple once you see the math.

The rule

You must offer each worker enough work to equal at least 75% of the workdays in the contract period, counted in hours (20 CFR 655.122(i)). The period starts on the first workday after the worker arrives, or your date of need if that is later, and runs to the contract end date. If you fall short, you pay the worker what they would have earned for the missing hours.

A worked example

Your job order says 8 hours a day, 6 days a week, for a 10-week contract.

Total contract hours: 10 weeks x 6 days x 8 hours = 480 hours
Three-fourths of that: 480 x 0.75 = 360 hours

You must offer at least 360 hours over the season. If a worker was offered only 330 hours, you owe 30 hours of pay at their rate.

Federal holidays and the worker's Sabbath are not counted as workdays, so they come out of the total before you take 75%.

What counts toward the 360

Hours worked, including hours beyond the daily schedule.
Hours offered but declined, up to the daily hours in your job order, as long as you offered them and recorded it.

Exceptions

Abandonment or firing for cause. If a worker abandons the job or is fired for cause, and you notify DOL and DHS within 2 working days, the guarantee no longer applies to that worker (655.122(n)). See terminations and abandonment.
Contract impossibility. If fire, weather or another act of God ends the work early and DOL agrees, you owe the guarantee only for the time up to that point (655.122(o)).
Displacement. No guarantee is owed to an H-2A worker displaced by a U.S. worker DOL required you to hire.

The records that prove it

For every worker, every day, keep:

hours offered, with guaranteed and extra hours separated
hours actually worked
start and stop times
the reason, whenever a worker worked fewer hours than offered

Without these records, you cannot prove hours were offered, and an investigator may assume they were not. See the pay statements and records checklist.

Quick answers

What is the three-fourths guarantee?

It is a promise that you will offer each worker at least 75% of the work hours in their contract. If you offer less, you pay what they would have earned for the missing hours.

Do hours a worker turns down count toward the guarantee?

Yes, if you offered the work and recorded it. Hours offered but declined count, up to the daily hours in your job order.

When is the guarantee checked?

It is measured over the whole contract period, from the first workday after arrival (or the date of need, if later) to the end date.

Battenkill Ag is an H-2A agent, not a law firm. This guide is general information, not legal advice. Rules change, so check the linked regulations or talk to an immigration attorney about your situation. Last reviewed October 13, 2026.