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H-2A Workers

H-2A workers and other workers employed on the H-2A job order have the following rights:

Disclosure: You must be given a copy of your work contract. You must be notified in writing of all deductions that are not already required by law.

Wages: You must be paid at least twice per month at the rate stated in your work contract, and each payday you must be given a pay stub listing pay rate(s), hours worked, deductions, and earnings. You must be guaranteed at least 3/4 of the total hours of work stated in your work contract.

Transportation: Your employer must either provide or pay for inbound transportation and daily meals to the place of employment or reimburse you for reasonable costs once you complete 50% of the work contract. Once you complete the work contract, your employer must provide or pay for your return transportation and daily meals.

Housing: If you cannot return to your permanent residence within the same day, your employer must provide safe housing at no cost and daily transportation to and from the worksite at no cost.

Other Protections: Your employer must provide workers’ compensation and any required tools, supplies, and equipment at no cost to you. Your employer may not require you to pay, either directly or indirectly, for any employer costs related to obtaining the H-2A labor certification, including the employer’s attorney or agent fees, the application fees, or the recruitment costs.