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Right or guarantee

Does it apply to H-2A visas?

Does it apply to H-2B visas?

The right to receive a contract before starting a job in the US in a language that you understand: review the contract, as it contains your guarantees, benefits, and work conditions. You can learn more about the right to a work contract and the most important information to consider here

Yes

Yes

The right to receive a fair salary for each hour of work: identify the salary that corresponds to your type of visa, type of work, or state where you work. You can read more about the right to an hourly work salary here

Yes

Yes

The right to “overtime” (extra hours): the salary at time and a half. For most workers in the US, overtime is considered to start after 40 hours of work a week. The employer should pay an rate corresponding to 1.3 hours for each extra hour.

NO

Yes

Reimbursements: You have the right to receive a reimbursement for expenses incurred from your place of residence to your place of work in the US in your first week of work or no later than completing 50% of the contract. If you complete 100% of your contract, you have the right to receive a reimbursement from your place of work to your place of origin. You can read more about law surrounding expenses and reimbursements here

Yes

Yes

Housing and transportation: Your housing should be decent, safe, and healthy, without pest infestation problems and with a kitchen where you can prepare your food. For people who work with a visa H-2A, the housing should be provided by the employer and should be free. Learn more about housing standards for migrant workers here.

Yes

NO

The 3/4s guarantee: this guarantee protects migrants workers in the case that the job finishes before the end of their contract. The employer should pay the person with an H-2 visa at least three-fourths of what was promised in the contract, even if they have not worked for them.

Yes

Yes

No discrimination: every person has the right to employment regardless of sex, sexual orientation, gender, language, place of origin, or age. Therefore, employers must offer employment without discriminating against people due to these characteristics and identities. 

Yes

Yes

Retaliation: you have the right to defender your rights. Retaliation are the situations in which people complain about an abusive situation, ask for improvements in working conditions, or assert their rights, and in response to the complaint or request, employers fire the person, lay them off, lower their salary, change their position, or do not hire them again for the next season. This action is considered to be a retaliation and is illegal.

Yes

Yes