Key Protections for H-2A Workers
These are the things your employer must do by law. Tap each one to read a simple explanation.
Your employer must:
1Pay for all recruitment and visa costsSee explanation
What does it mean?
- You do not pay to get this job. The employer pays what it costs to bring you here: recruiting and the visa.
- No one can charge you a "fee", "commission" or "favor" to give you the job: not the employer, not the recruiter, not a middleman.
- Not your direct supervisor or crew boss at the farm either, even if he is an H-2A worker too. If he asks you for money to bring you, to hire you again next year, or to give you more hours, that is illegal.
- If you paid for your visa or other costs to come, the employer must pay you back, usually in your first week of work.
Example: A recruiter asks you for $1,500 to "save you a spot" at the farm. That is illegal.
What do I do if it's not followed? Keep receipts, messages or photos of any payment. Tell your State Monitor Advocate or file a complaint.
2Give you a written contractSee explanation
What does it mean?
- Before you come, you must get a copy of your contract (also called the "job order"), in a language you understand.
- The contract says how much you will be paid, how many hours, what work you will do, where you will live, and when the job starts and ends.
- What the contract says is what they must give you. If someone promised you something different out loud, what is written is what counts.
Example: You arrive and they say the pay is less than your contract says. They must pay what the contract says.
What do I do if it's not followed? Keep your contract and take photos of it. If you didn't get one, ask for it. If they won't give it to you, tell your State Monitor Advocate.
3Reimburse you for the trip to the job site by the halfway point of the contractSee explanation
What does it mean?
- What you paid to get from your country to the farm (bus, plane, and food during the trip) must be paid back to you.
- At the latest, they must pay you back when you have worked half of the contract time. For example, if the contract is 6 months, by 3 months at the latest.
- Ask for and keep the receipts from your trip.
Example: You spent $300 on the bus and food to get here. Your contract is 4 months. By 2 months at the latest, they must pay you back.
What do I do if it's not followed? Keep the receipts. If the halfway point comes and you haven't been paid back, tell your State Monitor Advocate or file a complaint.
4Give you free and safe housingSee explanation
What does it mean?
- They cannot charge you rent. Housing is free for you.
- It must be safe and clean: drinking water, toilets, showers, beds, electricity and protection from the weather. It must pass a government inspection.
- If the housing has pests, is overcrowded, has no water or is dangerous, that is not okay.
Example: They take $50 out of your pay every week "for the room". That is not allowed.
What do I do if it's not followed? Take photos of the housing and the problems. Tell your State Monitor Advocate.
5Give you meals or a kitchen to prepare your own foodSee explanation
What does it mean?
- The employer must give you three meals a day, or a free kitchen with what you need to cook your own food.
- If they give you meals, they can charge you a limited amount for them. The government sets the most they can charge.
- If they give you a kitchen, they cannot charge you for it.
Example: There's no kitchen in the housing and they don't give you meals. That breaks the law.
What do I do if it's not followed? Write down what is happening and tell your State Monitor Advocate.
6Give you free and safe daily transportationSee explanation
What does it mean?
- They must take you for free from the housing to work and back, every day.
- Vehicles must be safe and insured, and the driver must have a license. There should not be more people in the vehicle than allowed.
Example: They charge you $10 a day for the "ride" to the field. That is not allowed.
What do I do if it's not followed? Take photos of the vehicle if it isn't safe. Tell your State Monitor Advocate or file a complaint.
7Pay you the promised wage, give you a pay stub, and offer you three fourths of the hours in your contractSee explanation
What does it mean?
- Promised wage: they must pay you at least what your contract says, for every hour you work.
- Pay stub: every time you are paid, you must get a paper showing how many hours you worked, how much you earned and what was taken out. You must be paid at least twice a month.
- Three fourths of the hours: the employer guarantees you work for at least 3 out of every 4 hours the contract promises. If they give you less work, they still have to pay you as if you had worked those hours.
Example: Your contract promises 40 hours a week for 10 weeks (400 hours). Three fourths is 300 hours. If they only gave you 250 hours of work, they owe you pay for the missing 50 hours.
What do I do if it's not followed? Write down your hours every day in a notebook or on your phone, and keep all your pay stubs.
8Pay for your return trip when the work is doneSee explanation
What does it mean?
- When you finish your contract, the employer pays your trip back to your country (travel and food during the trip).
- They must also pay it if the employer ends the job early.
- Important: if you leave before the contract ends, you could lose this right. If you're thinking about leaving because of abuse or mistreatment, talk first with your State Monitor Advocate or with us.
Example: You finish your contract in November. The employer must pay for your ticket home.
What do I do if it's not followed? If they don't pay for your trip home, tell your State Monitor Advocate or file a complaint.
9Respect your right to file a complaint or take part in an investigation without any threatsSee explanation
What does it mean?
- You have the right to complain or talk to the government about your job.
- It is illegal for the employer to threaten you, punish you, cut your hours, fire you, send you home or blacklist you for doing it.
- It is also illegal to threaten you for helping a coworker with their complaint.
Example: After you talked with an inspector, the crew boss says they won't hire you again. That is retaliation, and it is illegal.
What do I do if it's not followed? Write down what they said, when, and who said it. Tell your State Monitor Advocate or file a complaint.
Have questions, or think your rights are not being respected?
Call the U.S. Department of Labor Wage and Hour Division: 1-866-487-9243 (Spanish available). You can also talk with your State Monitor Advocate, or ask us for help.
This is general information in plain words, not legal advice. Exact rules can depend on your contract. Based on the "Key Protections for H-2A Workers" card from the U.S. Department of Labor Wage and Hour Division. See the original card (PDF).