If you are working in the United States on an H-2 visa, you are entitled to fair and lawful treatment on the job. Whether you hold an H-2A visa for agricultural work or an H-2B visa for non-agricultural labor, your legal protections as a worker matter.
Understanding these rights can help you protect yourself and your income while you are in the country.
Too often, H-2 visa holders are unaware that they have the same rights as other workers in the United States.
Your rights as a worker holding an H-2 visa
As a worker on an H-2 visa, you are protected by U.S. labor laws. Knowing your rights can help you identify and report mistreatment or fraud.
- Fair pay and overtime: You have the right to be paid what you were promised. If you work more than the standard number of hours, you must be paid extra for overtime. Even if you are paid by the piece, your wages must meet federal standards.
- Safe and clean working conditions: Your workplace must be healthy and safe. If your job involves risks, proper safety equipment must be provided.
- Freedom from harassment or discrimination: No one is allowed to mistreat you based on your gender, race or background. You are also protected from sexual harassment and exploitation.
- No forced fees or fraud: You are not required to pay fees to labor recruiters. If anyone asks you to pay money in exchange for job placement or visa processing, that may be a sign of fraud.
- Written job information: You must receive a written job order in a language you understand. This document must explain your wages, job duties, hours, housing, food arrangements and any paycheck deductions.
- Right to speak up: You can ask for help from labor organizations, unions and worker advocacy groups. You may also report fraud or mistreatment without fear of losing your job.
If you believe your rights are being violated, speaking up can make a difference. Obtaining legal guidance can be helpful in making sure you are protected and informed throughout your time in the U.S.