- Important Information: Temporary Worker Visas – Know Your Rights
- Know Your Rights & Report Fraudulent Activity
With the H-2 visa program, you have the same rights as every worker in the United States. You should be paid on time, receive extra pay for overtime work, and receive good treatment and clean housing. When you get your H-2 visa, you will receive a pamphlet with a free number to call in case you feel mistreated. Report mistreatment right away—reporting is 100% confidential and operators speak Spanish.
HOW TO VERIFY THAT YOUR JOB OFFER IS LEGITIMATE: If you have doubts about whether your job offer is legitimate, please contact our Fraud Prevention Unit at 809-368-7192 or firstname.lastname@example.org. Our staff speak Spanish and all calls are confidential.
Signs that your job offer may not be legitimate:
- The recruiter constantly changes the date of the appointment at the Embassy or date of departure for the U.S.
- The recruiter cannot clearly explain the costs of the application.
- The recruiter does not provide details about the job (name of the company, city and state of the jobsite, list of job responsibilities, salary information, length of contract).
In order to maintain a visa process that is fair and equitable to all applicants, please note the following:
- No fee paid to anyone will guarantee the issuance of a visa.
- No fee will guarantee a specific appointment date or time.
- Be truthful during the interview; don’t accept advice to mislead the consular officer. Misleading or lying could result in a permanent visa denial.
- Only persons applying for visas are allowed into the Embassy.
Don’t be afraid to report any fraudulent activity that affects you personally or that you may witness occurring to someone else. You can help prevent yourself or your friends from becoming victims of fraud by contacting our Fraud Prevention Unit at 809-368-7192 or email@example.com. Our staff speak Spanish and all calls are confidential.
For more information on H-2 worker’s rights in the United States, please read the pamphlets linked here:
English – (PDF – 4.6 MB )
Spanish – (PDF – 424 KB )
You have the right to:
- Be paid fairly, even if you are paid at a piece rate.
- Be free from discrimination.
- Be free from sexual harassment and sexual exploitation.
- Have a healthy and safe workplace.
- Request help from union, immigrant, and labor rights groups.
- Leave an abusive employment situation.
- Never have to pay fees to a labor recruiter.
Receive a written job order in a language you understand. It must contain detailed information about the wages, work duration, hours, benefits (including transportation, housing and meals or cooking facilities), and any deductions from your paycheck.
Additional information for H-2A Temporary Agricultural Workers:
Your employer must either provide or pay for your daily subsistence and in-bound transportation from your home to the place of employment or reimburse you for reasonable costs once you complete half of your work contract. Once you complete the work contract, your employer must provide or pay for your return transportation and daily subsistence from the place of employment to the place from which you departed to work for the employer. Your employer may be required to reimburse your in-bound travel and visa costs in the first workweek if your wages minus your expenses are less than the U.S. minimum wage. Your employer must also provide transportation from your employer-provided housing to the worksite at no charge.
You are exempt from U.S. Social Security and Medicare taxes on compensation paid for services performed in connection with your H-2A visa.
Generally, your employer must offer you employment for a total number of hours equal to at least 3/4 of the workdays in the contract period.
Additional information for H-2B Temporary Non-Agricultural Workers:
Generally, your employer must offer you employment for a total number of hours equal to at least ¾ of the workdays in each 12-week period.
You have the right to be paid fairly even if you are paid at a piece rate.
Your employer must either provide or reimburse you for in-bound transportation and subsistence from overseas by the time you complete half of the contract period. Additionally, your employer must pay costs for your transportation home, including subsistence, if you complete the period of employment or are dismissed by your employer for any reason before the end of your authorized period of employment. Your employer may also be required to reimburse your in-bound travel and visa costs in the first workweek if your wages minus your expenses are less than the U.S. minimum wage.