H-2A is the federal visa program that lets US growers bring in foreign workers for temporary or seasonal agricultural work when domestic labor isn't available. The program comes with binding wage and working-condition rules — set by the Department of Labor — that apply to both the H-2A workers and to the domestic workers employed in "corresponding" jobs on the same operation. The rules are real, written down, and enforceable. They are also routinely violated. This page is about what the law actually says and where to take it when it's not being followed.
DOL publishes most of these materials in English and Spanish. When ordering a fact sheet or filing a complaint, asking for the Spanish version is a normal request, not a special accommodation.
AEWR — the wage floor
The Adverse Effect Wage Rate (AEWR) is the minimum hourly wage that must be paid to H-2A workers and to domestic workers in corresponding jobs. It's set by region and updated annually by DOL. AEWR is almost always higher than the federal minimum wage and often higher than the state minimum wage. A grower running H-2A workers cannot pay state minimum wage to the domestic crew doing the same job — both have to be at AEWR or above.
The current AEWR figures for each state are published every year in the Federal Register and posted on the DOL Employment and Training Administration (ETA) website. Workers can look up the rate for their state before signing on. A grower paying less than the published AEWR for the region is in violation.
Some operations pay piece-rate (per box, per row, per bin). Piece-rate is legal under H-2A only if the worker's effective hourly earnings meet or exceed AEWR. If a piece-rate worker's hourly earnings fall below AEWR, the employer is required to make up the difference. "Build-up pay" is the term for this.
What else H-2A workers are owed
The H-2A program rules cover more than just the wage. The major guaranteed terms include:
- Free housing that meets federal or state health and safety standards. The employer cannot deduct housing costs from H-2A worker wages.
- Transportation from the worker's home country (or place of recruitment) to the worksite, paid by the employer after the worker completes 50% of the contract. Return transportation paid at the end of the contract.
- Three meals a day or free kitchen access. If meals are provided, the employer may charge a regulated daily amount.
- The "three-quarters guarantee." The employer must guarantee employment for at least 75% of the workdays in the contract period. If weather or other factors cut the work short, the worker is still owed wages for 75% of the contracted hours.
- Tools and equipment at no cost to the worker.
- Workers' compensation insurance coverage at the same level required for domestic workers in that state.
- Written contract in a language the worker understands, before the worker leaves home.
Domestic workers in corresponding employment — workers doing the same work on the same operation — are owed AEWR, the three-quarters guarantee, and the same housing offer (if they need housing). They are not owed inbound transportation from a home country because they don't have one to come from.
Common violations
The Department of Labor's Wage and Hour Division (WHD) reports patterns of violations that come up year after year:
- Underpayment of AEWR — paying state minimum wage or piece-rate without the build-up.
- Illegal deductions for housing, transportation, equipment, or "fees."
- Charging workers for the visa application or recruitment fees. This is prohibited; the employer pays these costs.
- Confiscating passports or visa documents. This is illegal and can be a federal crime depending on the circumstances.
- Failing to honor the three-quarters guarantee when the season is cut short.
- Retaliation against workers who file complaints or speak up about conditions.
- Misclassifying H-2A work as a different visa category to evade AEWR.
A pattern that has happened: workers don't realize a deduction is illegal until they compare pay stubs with workers on a different operation. The contract should be readable and the deductions should be itemized. Stubs that don't itemize are themselves a violation.
Where to report
The Department of Labor's Wage and Hour Division (WHD) is the primary enforcement agency for H-2A wage and hour violations. They take complaints in English and Spanish.
- Phone: 1-866-487-9243 (toll-free, available in multiple languages).
- Online: dol.gov/agencies/whd/contact/complaints
- In person: WHD has field offices in every state. Locations are listed on the WHD website.
WHD complaints can be filed anonymously, and the agency is legally prohibited from sharing a worker's immigration status with immigration enforcement when investigating a wage complaint. This protection is what makes complaints possible — workers without documentation can still report wage theft without that triggering immigration consequences from the wage agency.
For housing, pesticide, or transportation safety issues, the relevant agencies are different:
- Housing and field sanitation: OSHA (osha.gov) for general safety; state-level agencies in some states.
- Pesticide exposure: EPA Worker Protection Standard (WPS) violations go through state pesticide regulators or EPA regional offices.
- Transportation safety (passenger vans, buses): Department of Transportation and state highway patrol.
MSPA — the law for domestic migrant and seasonal workers
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) is a separate federal law covering domestic migrant and seasonal ag workers, regardless of whether they're employed on an H-2A operation. MSPA requires:
- Written disclosure of wages, working conditions, and housing terms before the worker accepts the job.
- Compliance with the disclosed terms.
- Itemized pay stubs.
- Registration of farm labor contractors (crew leaders) with DOL.
- Safe vehicles when the employer transports workers.
- Safe and sanitary housing if the employer provides it.
MSPA is also enforced by the Wage and Hour Division. The same complaint channels apply.
Worker advocacy and legal support
Federal complaints are not the only channel. Several nonprofit organizations work directly with ag workers on wage rights, contracts, and legal cases.
- Farmworker Justice (farmworkerjustice.org) — national legal advocacy for migrant and seasonal farmworkers. Publishes plain-language guides in English and Spanish.
- National Farm Worker Ministry (nfwm.org) — coalition supporting farmworker organizing and rights.
- Centro de los Derechos del Migrante (cdmigrante.org) — works specifically with H-2A workers, including transnational legal support.
- Legal Aid programs — most states have a farmworker legal services program funded through Legal Services Corporation. Free legal help for low-income ag workers.
- State labor and workforce agencies — most states have a parallel labor standards office that enforces state-level wage law on top of federal.
What workers should keep
Documentation is everything in a wage complaint. Patterns that have helped workers recover unpaid wages:
- Keep every pay stub. If stubs aren't provided, write down hours worked each day in a notebook with the date.
- Keep the written contract or job order.
- Keep records of any deductions and what they were for.
- Take photos of housing conditions if there's a complaint about housing.
- Note the name and license number of the farm labor contractor if there is one.
A wage claim filed two years after the fact with no documentation is harder to prove than one filed within months with clean records. WHD has a standard two-year statute of limitations on most wage claims, extended to three years for willful violations.
Where to learn more
- US Department of Labor Wage and Hour Division (dol.gov/whd) — official rules, AEWR rates by state, complaint filing, all available in Spanish.
- DOL Employment and Training Administration H-2A page (foreignlaborcert.doleta.gov) — the actual H-2A regulations and job order requirements.
- Farmworker Justice (farmworkerjustice.org) — independent advocacy, "Know Your Rights" guides in English and Spanish.
- Centro de los Derechos del Migrante (cdmigrante.org) — bilingual resources specifically for H-2A workers.
- Legal Services Corporation farmworker programs — search "[state name] farmworker legal services" for the local office.