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Knowing my labor rights as a worker in the United States: expenses and reimbursements are also a right

People who work with temporary H-2 work visas in the United States have rights and guarantees. In this blog, we focus on the right to reimbursement for expenses incurred on the worker’s trip to work in the US with an H-2A or H-2B visa. Most of the time, these reimbursements should be covered as soon as the person is in the United States, and at the latest, during the first or second week of work and upon completing 50% of the contract.

Each work season, migrant workers account for a large part of the costs to come to the United States and to work with a H-2 visa. These expenses last from the departure of a person’s home country until their arrival to their place of work in the United States. For example:

  • Payment for the visa 

  • The cost of transportation from the place of origin to the workplace 

  • Accomodation in the city where the consulate is during the process of obtaining a visa

  • Food during your trip to the United States

The employer is responsible for covering the expenses that a person spends in order to work for the person’s company, however, when they are not reimbursed immediately, they must then reimburse the employee in full. In addition, if you terminate your work contract at 100% or if you are fired before the end of your contrat for a reason outside of your control, the employer must give you funds for the trip from your workplace back to your place of origin. You have a right to reimbursement, know it and defend it. 

Do you have questions or doubts about your rights in the workplace? Contact Centro de los Derechos del Migrante, Inc. for legal or general advice through SOL or by calling Monday through Friday between 9 am and 5 pm, from Mexico at 800 5901773, from the United States at 1 855 234 9699, or from another area at 55 52 11 9397. All of our services are free and confidential. 


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