7 Things H-2A Workers Are Legally Entitled To

If you work U.S. farms on an H-2A visa, federal law guarantees you far more than a paycheck: a set wage, free housing, paid travel, workers' compensation, and the right to leave a bad employer.

Below are seven things you're entitled to as a worker on an H-2A visa.

1. The wage floor: AEWR, prevailing wage, or minimum, whichever is highest

Your employer has to pay you the highest of four rates. The first is the Adverse Effect Wage Rate (AEWR), the wage the Department of Labor sets for farm work in your state each year. The others are the prevailing wage for your crop and area, any union rate, and the federal or state minimum wage. Whichever is highest is your floor, and it has to be paid free and clear, with no deductions that drop you below it.

The Department of Labor sets H-2A wages by state and publishes each state's AEWR every year on its wage portal. Herding and livestock jobs use a monthly rate instead, set once a year.

2. Steady hours: three-fourths of your contract, or the shortfall in cash

Your employer guarantees you work on at least three-fourths of the workdays in your contract period. This is the three-fourths guarantee. If they offer you fewer days than that, they still have to pay you what you would have earned at the guaranteed level.

Unlike the version for non-farm H-2B workers, this guarantee is enforced. If the season ends early for reasons outside the employer's control, the guarantee is prorated, and the employer has to move you to other work or pay your trip home.

3. Free H-2A housing that meets safety standards

H-2A housing rules require your employer to give you housing at no cost when you can't reasonably travel home each day. They cannot deduct rent from your pay. The housing has to meet federal safety standards for water, toilets, sewage, and shelter, and a labor camp has to meet the same workplace-safety rules any worksite would.

Your employer also has to provide either three meals a day, at a set charge fixed in advance, or free cooking facilities so you can make your own.

4. Travel paid, plus free rides to the fields

Your employer has to cover your travel to the job and back. Your inbound trip, meaning bus or plane fare, meals, and any overnight stays on the way, is reimbursed once you reach the halfway point of your contract, and your trip home is owed at the end. If paying your own way in would drop your first week's pay below the federal minimum wage, they have to reimburse that amount in the first week.

Once you are there, rides to and from the fields are free, on insured vehicles with licensed drivers.

5. Tools, equipment, and workers' comp, all at no cost

Every tool, glove, boot, harness, and piece of equipment your job requires has to be provided free. Your employer cannot charge you for them or take a deposit. They also have to carry workers' compensation insurance at no cost to you, which pays for medical care and lost wages if you are hurt on the job.

6. A written contract in your language, and no recruitment fees

You are entitled to a written work contract in a language you understand, no later than when you apply for your visa. It is usually the ETA-790A, the job order that lists your pay, hours, and terms. On top of that, no one in the hiring chain, meaning the employer, an agent, an attorney, or a recruiter, can charge you a fee tied to the job. That covers the visa fee, the petition fee, and any recruitment, processing, or placement fee.

If an employer or recruiter charges a prohibited fee, USCIS can deny the petition. The only cost that is yours is your passport.

7. 60 days to find a new employer, and the right to start right away

If your H-2A job ends, you have up to 60 days to line up a new qualifying employer or prepare to leave, without falling out of status. This came in under a federal rule that took effect in January 2025. As soon as a new employer files the paperwork to extend your stay, you can start working, without waiting for the government to approve it.

If your current employer is underpaying you, charging for housing, or withholding travel money, this is your window to move. Complaints are confidential, and the anti-retaliation rules protect anyone who files, including former workers.

Where to get help

For pay, hours, housing, travel, tools, or retaliation, the Department of Labor's Wage and Hour Division takes confidential complaints at 1-866-4USWAGE. You do not need a lawyer, and you do not need a current job to file.

Find H-2A jobs with verified employers

Migrate Mate lists H-2A jobs from employers with a certified H-2A filing history in government disclosure data, so you can see a verified sponsorship record before you apply and reach the hiring manager directly.

Frequently asked questions