The U.S. Department of Labor has published the final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States.” Further information on the final rule is found here.
Section 218 of the Immigration and Nationality Act authorizes the lawful admission into the United States of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. Before the U.S. Citizenship and Immigration Services (USCIS) can approve an employer's petition for such workers, the employer must file an application with the Department of Labor’s Employment and Training Administration (ETA) stating, among other things, that there are not sufficient workers who are able, willing, qualified, and available, and that the employment of aliens will not adversely affect the wages and working conditions of workers similarly employed in the U.S. Any employer using H-2A workers must have initially attempted to find U.S. workers to fill these jobs. Workers employed under the H-2A program must be paid special rates of pay that vary by locality, must be provided with safe and clean housing and safe transportation from that housing to the job site if their employment requires them to be away from their residence overnight, and must be guaranteed employment for a total number of hours equal to at least 75% of the work period specified in the contract.
At this time, the resources, fact sheets, and posters linked further below on this page may not yet reflect all changes implemented by the final rule. The Department is currently reviewing its guidance and will soon update all resources as necessary.
Resources
- SEASONALJOBS.DOL.GOV -- One-Stop Source for Seasonal and Temporary Jobs
- ETA's H-2A Compliance Assistance
- H-2A Worker Rights Card - English Version
- H-2A Worker Rights Card - Spanish Version
- H-2A Worker Rights Card for U.S. Workers (PDF)
- Farm Worker Rights Flyer (PDF)
- Agricultural Transportation Safety
- ETA Housing Safety and Health Checklist
- OSHA Housing Safety and Health Checklist
- Range Housing Safety and Health Checklist
- Transportation Safety Checklist
- You have applied for an H-2A Temporary Labor Certification (TLC)
Fact Sheets
Learn more by reading fact sheets that cover a variety of H-2A topics, including recruitment, worker rights, records retention, meal obligations, wage requirements, housing standards, labor contractor surety bonds, and retaliation prohibitions under the H-2A temporary agricultural worker program.
Posters
- WH-1491(PDF)
- WH-1491 Spanish (PDF)
- WH-1490 Haitian (PDF)
- Key Protections for H-2A Workers(PDF)
- Spanish Version(PDF)
Applicable Laws and Regulations
Law
- Section 1188 — Admission of Temporary H-2A Workers
Civil Money Penalty Inflation Adjustments
Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. Below is a table that reflects the adjustments that have occurred for penalties under this statute. For more information on the penalty adjustments, go here.
| Type of Violation | Statutory Citation | CFR Citation | Maximum Civil Monetary Penalty on or before 1/15/2024 | Maximum Civil Monetary Penalty on or after 1/16/2024 |
|---|---|---|---|---|
| (1) Violation of the work contract or a requirement of 8 USC 1188, 20 CFR part 655 subpart B, or 29 CFR part 501; | 8 USC 1188(g)(2) | 29 CFR 501.19(c) | $2,045 | $2,111 |
| (i) Willful violation of the work contract or a requirement of 8 USC 1188, 20 CFR part 655 subpart B, or 29 CFR part 501, or for each act of discrimination prohibited by section 501.4; | 8 USC 1188(g)(2) | 29 CFR 501.19(c)(1) | $6,881 | $7,104 |
| (ii) Violation of a housing or transportation safety and health provision of the work contract, or any obligation under 8 USC 1188, 20 CFR part 655 subpart B, or 29 CFR part 501, that proximately causes the death or serious injury of any worker; | 8 USC 1188(g)(2) | 29 CFR 501.19(c)(2) | $68,129 | $70,337 |
| (iii) Repeat or willful violation of a housing or transportation safety and health provision of the work contract, or any obligation under 8 USC 1188, 20 CFR part 655 subpart B, or 29 CFR part 501, that proximately causes the death or serious injury of any worker; | 8 USC 1188(g)(2) | 29 CFR 501.19(c)(3) | $136,258 | $140,674 |
| Violation for failure to cooperate in an investigation; | 8 USC 1188(g)(2) | 29 CFR 501.19(d) | $6,881 | $7,104 |
| Violation for laying off or displacing any US worker employed in work or activities that are encompassed by the approved Application for Temporary Employment Certification for H-2A workers in the area of intended employment either within 60 days preceding the date of need or during the validity period of the job order, including any approved extension thereof, other than for a lawful, job-related reason; | 8 USC 1188(g)(2) | 29 CFR 501.19(e) | $20,439 | $21,101 |
| Violation for improperly rejecting a US worker who is an applicant for employment, in violation of 8 USC 1188, 20 CFR part 655 subpart B, or 29 CFR part 501. | 8 USC 1188(g)(2) | 29 CFR 501.19(f) | $20,439 | $21,101 |
