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Protect Your Legal Rights as an H-2A Worker

 

Know Your Rights and Obligations Under the H-2A Visa Program

As an H-2A worker, you have legal rights and protections under the H-2A visa program. It is essential to understand your rights and obligations to ensure a smooth and successful experience in the United States.
Legal Rights:
  • Free Housing and Transportation: Your employer must provide free housing and transportation from your home country to the United States.
  • Work Contract: You must receive a work contract in a language you understand, outlining your job duties, wages, and working conditions.
  • Minimum 75% Work Hours: You are entitled to employment for at least 75% of the specified work hours in your contract.
  • Protection from Discrimination: You are protected from discrimination based on your immigration status or citizenship.
  • Right to File Complaints: You can file complaints against your employer for any violations of your legal rights.
Employer Obligations:
  • Display Poster: Your employer must display a poster detailing your legal rights as an H-2A worker.
  • Provide Necessary Tools and Equipment: Your employer must supply all necessary tools and equipment for your job.
  • Worker's Compensation Insurance: Your employer must provide worker's compensation insurance at no cost to you.
Additional Information:
  • Filing Complaints: You can file complaints with the local Wage and Hour Division office or the U.S. Department of Justice Civil Rights Division.
  • Seeking Legal Assistance: You have the right to seek legal assistance from a qualified attorney or legal aid organization.
Trust Us:
Our experienced team is dedicated to protecting your legal rights as an H-2A worker. Let us guide you through the process and ensure a successful experience in the United States.
How it Works:
  1. Apply for an H2A or H2B Visa: Our team will assist you in applying for the appropriate visa based on your skills and job offer.
  2. Temporary Work Status: Once approved, you'll enter the USA as a temporary worker.
  3. Permanent Residency: After meeting specific requirements, you may be eligible for permanent residency.
 
As an H-2A worker, you have legal rights and protections under the H-2A visa program. These rights include free housing and transportation, a work contract approved by the Department of Labor, and protection from discrimination.
 
Information Disclosure:
You have the right to a job contract in a language you understand, outlining your job duties, wages, and working conditions.
 
Payment:
You are entitled to receive compensation at the rate disclosed in your work contract, at least twice a month, with a pay stub including pay rate, deductions, total earnings, and hours worked.
 
Modes of Transportation:
Your employer must provide transportation and daily meals, or reimburse you for expenses upon completing 50% of your work contract.
 
Residential Accommodation:
You are entitled to free housing that meets safety regulations, with free cooking facilities if three meals are not provided.
 
Illegal Fees/Confiscations:
Your employer cannot mandate expenses for H-2A labor certification, recruiting, or attorney fees, nor retain or confiscate your immigration documents or passport.
 
Additional Employer Obligations:
Your employer must display a poster detailing your legal rights, supply necessary tools and equipment, and provide worker's compensation insurance at no cost to you.
 
Prohibition of Discrimination:
Your employer cannot engage in discrimination or violate your work contract if you have filed a complaint, provided testimony, sought legal counsel, or exercised your rights.
 
File a Complaint:
If you believe your employer has violated your rights, you can file a complaint with the local Wage and Hour Division office or the U.S. Department of Justice Civil Rights Division.
 
Trust Us:
Our experienced team is dedicated to protecting your legal rights as an H-2A worker. Let us guide you through the process and ensure a successful experience in the United States.
 

Protect Your Legal Rights as an H-2A Worker FAQ's

Q: What rights do I have as an H-2A worker?
A: As an H-2A worker, you have the right to free housing and transportation, a work contract approved by the Department of Labor, and protection from discrimination.
 
Q: What information should my work contract include?
A: Your work contract should include your job duties, wages, working conditions, hours, and any deductions that will be made to your paycheck.
 
Q: How often will I receive payment?
A: You will receive payment at least twice a month, with a pay stub including your pay rate, deductions, total earnings, and hours worked.
 
Q: Who is responsible for providing transportation and meals?
A: Your employer is responsible for providing transportation and daily meals, or reimbursing you for expenses upon completing 50% of your work contract.
 
Q: What kind of housing can I expect?
A: You are entitled to free housing that meets safety regulations, with free cooking facilities if three meals are not provided.
 
Q: Can my employer charge me fees for H-2A labor certification or recruiting?
A: No, your employer cannot mandate expenses for H-2A labor certification, recruiting, or attorney fees.
 
Q: What if I believe my employer has violated my rights?
A: You can file a complaint with the local Wage and Hour Division office or the U.S. Department of Justice Civil Rights Division.
 
Q: How do I file a complaint?
A: You can visit the WHD website for detailed instructions on how to file a complaint, or contact the U.S. Department of Justice Civil Rights Division for more information.
UCIS FORM
Actions Name Questionnaire Link
Select H2B Visa Application Click to Apply
Select I-821Temporary Protected Status Click to Apply
Select I -589 Application for Asylum Click to Apply
Select N-400 Naturalization Click to Apply
Select I -539 Extend/Change Nonimmigrant Status Click to Apply
Select I-485 Adjustment of Status Click to Apply
Select I 821D DACA Click to Apply
Select Employment-Based Click to Apply
Select Form I-140 Click to Apply
Select Replacement of I-94 Card Click to Apply
Select I-754 Removal of Conditions Click to Apply
Select TN Petition Click to Apply
Select Greencard Renewal/Replacement Click to Apply
Select Employment Authorization Document I-765 Click to Apply
Select I-130 Immediate Relative Click to Apply
Select I-130 Priority Petition Click to Apply
Select I-130 Foreign Beneficiary Click to Apply
Select i-140 IV Extraordinary Ability Click to Apply
Select Multinational Manager or Executive (EB-1) Click to Apply
Select Outstanding Professor or Researcher (EB-1) Click to Apply
Select Skilled or Professional Worker (EB-3 Click to Apply
Select Naturalization Click to Apply
Select Employment Authorization Document1 Click to Apply
Select I VISA Click to Apply
Select I-824 Duplicate Approval notice Click to Apply
Select Dependent visa Click to Apply
Select Perm Click to Apply
     

Disclaimer

The information provided on this website is for general guidance only and should not be considered legal advice. The laws and regulations governing H-2A workers and employers are subject to change, and this website may not always reflect the most up-to-date information.
 
The Erna LDP Inc and NC God Inc disclaim any liability for any damages or losses arising from the use of this website or its contents. This website is not intended to create an attorney-client relationship, and users should not rely on the information provided as a substitute for legal advice.
 
If you have specific questions or concerns related to H-2A workers or employers, please consult with a qualified legal professional. We are not responsible for any actions taken based on the information provided on this website.
 
By using this website, you acknowledge that you have read, understood, and agree to the terms of this disclaimer.