H-2A & H-2B Workers

You have rights under U.S. law as a temporary guestworker, whether you are employed under an H-2A or H-2B visa. Your employer and recruiter must treat you fairly, provide accurate information about your job, and follow legal requirements related to wages, housing, transportation, and working conditions.

Recruitment and Contracts
You should never be charged fees by a labor recruiter.
You must receive a written work contract or job order in a language you understand.
The contract must include details about:

• Your wages and how you will be paid (hourly or piece rate)
• Work duration, schedule, and location
• Housing, meals or kitchen access, and transportation
• Any deductions from your paycheck

Wages & Hours
You have the right to be paid fairly for all hours worked, even if paid by the piece.
Your paycheck should not fall below the applicable wage rate once expenses are deducted.
Your employer must meet the three-fourths guarantee:

• H-2A: You must be offered work for at least three-fourths of the total workdays in the contract period.
• H-2B: You must be offered work for at least three-fourths of the workdays in each 12-week period.

Transportation and Travel Costs
Your employer is responsible for covering transportation costs:

• Inbound travel: They must either pay upfront or reimburse you for travel and daily subsistence from your home to the job site once you complete half the contract.
• Return travel: If you complete the contract or are dismissed early, they must also cover return transportation and subsistence.
• Your visa and travel costs may need to be reimbursed in the first workweek if your earnings minus those costs fall below minimum wage.
• H-2A workers must also be provided with daily transportation from employer-provided housing to the job site at no charge.

Other Important Rights
H-2A workers are exempt from Social Security and Medicare taxes.
Your employer must provide safe housing if included in your contract.
You have the right to a safe workplace, access to clean drinking water, bathrooms, and protective gear if working with chemicals or in hazardous conditions.
You cannot be punished or deported for reporting labor violations or unsafe conditions.