Rights
Your Rights as an H-2A Worker in the United States
Know all the rights guaranteed by law to workers on an H-2A visa: minimum wage, housing, transportation, meals and more.
You have rights — and they are guaranteed by law
Many workers arrive in the US without knowing that the H-2A program offers robust legal protections. Knowing your rights is essential to avoid exploitation.
Guaranteed pay
The employer is required to pay at least the Adverse Effect Wage Rate (AEWR) — a minimum rate set by the American government that varies by state and is usually higher than the federal minimum wage.
In 2025, the AEWR ranges between $14 and $20 per hour depending on the state.
Free housing
The employer must provide housing at no cost to the worker throughout the contract period. Housing must meet minimum habitability standards inspected by the government.
Transportation
- Round-trip travel between Brazil and the US (reimbursed after completing the contract)
- Daily transportation between housing and the workplace
Meals
The employer may charge for meals, but the amount is regulated and cannot exceed limits set by the DOL.
Guaranteed work hours
The program guarantees that you will be paid for at least 75% of the hours stated in the contract, even if the employer does not have enough work.
What to do if your rights are violated?
- Document everything — keep pay stubs, contracts and messages
- Contact the DOL — the Department of Labor has a hotline for complaints
- Seek legal help — there are free organizations that assist H-2A workers
- Don't fear retaliation — the law prohibits employers from retaliating against workers who report violations
