Employee Rights Under the H-2A Program

Section 218 of the Immigration and Nationality Act authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform temporary or seasonal agricultural labor or services in the United States.  Employers must file an application with the U.S. Department of Labor – Employment and Training Administration stating, among other things, that there are not sufficient domestic (U.S.) workers who are able, willing, qualified, and available to do the work, and that the employment of aliens will not adversely affect the wages and working conditions of workers similarly employed in the U.S.  Any employer using H-2A workers must have initially attempted to find U.S. workers to fill these jobs.  Only then will the U.S. Citizenship and Immigration Services (USCIS) approve an employer’s petition for such workers.

H-2A workers and domestic workers in corresponding employment must be paid special rates of pay that vary by locality, must be provided housing and transportation from that housing to the job site if their employment requires them to be away from their residence overnight, and must be guaranteed an offer of employment for a total number of hours equal to at least 75% of the work period specified in the contract.

The following posters itemize the rights guaranteed to workers under the H-2A Program. In Kansas, report violations to me using any of the methods on this web site’s Contact Me page or by phoning the number at the bottom of the posters.

English Poster:  H-2a Rights WHD1491Eng_H2A

Spanish Poster:  H-2A Rights WHD1491Span_H2A

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