H-2A Employer Obligations

The H-2A regulations contain special requirements for employers who use the program, such as their obligation to provide all of the following:

• Free housing for H-2A and U.S. workers who are unable to return to their residences the same day. This housing must meet a full set of DOL standards and must be inspected and approved by the State Workforce Agency prior to certification.

• Free cooking facilities for the workers so that they may prepare their own meals.

• Worker’s Compensation Insurance coverage.

• Reimbursement of travel costs and subsistence to workers recruited from out of the local area. Return transportation and subsistence costs are also required after 50% of the contract have been fulfilled.

• A guarantee to offer 3/4 of the hours in the overall contract period (unless there is just cause for dismissal).

• A guarantee to pay wages that are higher than either the AWER (Adverse Wage Effect Rate), the prevailing wage rate or the federal, or state minimum wage.

• All tools and equipment that the worker needs to perform the duties assigned.

• Transportation to stores for food/shopping at least every two weeks.

• Employment to any qualified U.S. worker who applies for the job through 50% of the contract period.