H-2A Jobs

H-2A Jobs in Michigan

“H-2A” refers to the agricultural program that allows agricultural employers in the United States to seek permission from the U.S. government to recruit foreign nationals to fill agricultural jobs, but only if the employer is unable to find enough U.S. workers to fulfill its agricultural needs. The agricultural employer must first submit its job positions with the state workforce agency to recruit U.S. workers (individuals in the U.S. with work authorization) and is required to pay a higher minimum wage and provide additional benefits for both U.S. workers as well as foreign nationals who are hired for the H-2A jobs.  

How to Obtain an H-2A Job?

  • Call your local employment services office or the statewide Michigan Agricultural & Foreign Labor Services office at 855-633-2373. By using these offices to apply for jobs, you can receive additional support, and there will be a record of your application in case you are wrongfully denied a job or terminated early.  
  • You also can apply directly through an employer or recruiter. Keep a record of all communication. You can find contact information for H-2A employers and recruiters through various online resources:
    • USDOL Seasonal Jobs  
      • This resource allows individuals to search for H-2A jobs in the United States. Individuals can use the search function to search for specific jobs and filter by location.
    • El Portal Migrante
      • This resource allows individuals to find available H-2A jobs in the United States.  
    • Contratados
      • This resource allows individuals to write or read reviews written about H-2A employers.  

It is illegal for employers to use the H-2A program to displace U.S. workers. If you are a U.S. worker and are denied or discouraged from taking an H-2A job, you can report it to 855-633-2373 and/or call our office for more information about your rights.

Rights and Protections for All Workers in Michigan H-2A Jobs

U.S. workers and H-2A visa holders (often called “contratados”) who are employed by H-2A employers have the right to all the benefits set forth in the job position (also called the “job order” or contract). You can find your employer’s job order at USDOL Seasonal Jobs. The law also requires, at a minimum, that H-2A employers provide both U.S. workers and H-2A visa holders employed in H-2A jobs the following:  

  • Protection from recruitment fees.  
    • It is unlawful for an H-2A employer, or their recruiter, to charge recruitment fees.  
    • If you are unlawfully required to pay fees in order to obtain your H-2A job, your employer should reimburse you for any fees you pay to a recruiter and likely is required to reimburse you within your first pay period.
  • Reimbursement for travel from your home to Michigan and, upon completion of the contract, payment for your transportation back home.  
    • H-2A employers are responsible for providing, paying in advance, or reimbursing workers for their reasonable costs of transportation, unless a U.S. worker’s permanent residence is within a reasonable distance of the jobsite (e.g. less than a 45-minute drive) and the worker is able to return to their own home each night, this expense may be waived.  
    • Reimbursement should cover the actual expense of travel (e.g. mileage expenses if using a personal vehicle, bus tickets, or flights), lodging expenses if overnight stay is necessary, and meal costs – up to $68.00 per day with receipts or $16.28 per day without receipts.
  • At least $18.15 per hour for H-2A work in Michigan in 2025.  
    • Some H-2A jobs (such as construction or driving trucks, even if done on the farm) may be eligible for higher wages.  
    • Additionally, H-2A employers may be required to pay higher wages, if they use a piece rate to calculate wages. Visit Wages in Michigan for more information.  
  • Free and safe housing at an address stated in your written contract, unless you are a U.S. worker and your permanent residence is within a reasonable distance to the jobsite (e.g. less than a 45-minute drive).
  • Three meals per day or access to free cooking facilities and regular transportation for groceries. Please visit Farmworker Housing for more information on cooking facilities and requirements.
  • Full and sole access to your documents.
    • Your employer cannot take away your passport, visa, or identification documents.
  • Payment for at least 75% of the hours promised under the contract, even if that work is not performed (known as the “3/4 Guarantee”).
    • H-2A employers must offer at least three-fourths (¾) of the workdays in contract period at the full amount of hours listed in the job order. If the employer fails to offer that minimum amount of work, then the employer still must pay the worker as though the worker had performed the work.  
    • You may not be eligible for the ¾ guarantee if:  
      • You abandon your employment before the end of your contract;
      • You are an H-2A worker who is displaced from your job because your employer hired a U.S. worker before you had completed half of your contract; or
      • You are terminated “for cause” from your employment. To be terminated for cause, a worker must have had a deliberate and willful disregard of the employer’s standards of behavior.  
  • Compliance with all local, state, and federal employment-related laws.

Additional Information for Foreign Workers in the U.S. on an H-2A Visa

  • Your employer must reimburse you for any fees you paid for visa processing.
    • You have the right to a U.S. social security number (SSN), which you will need to report your Income Taxes.
      • Apply for an SSN as soon as possible upon your arrival in the U.S.  
      • Your SSN application will only be accepted while you have a valid H-2A visa.
  • You may be eligible for a U.S. driver’s license while you have a valid H-2A visa.  
  • You may be able to use a valid foreign driver’s license to drive in the U.S., under certain conditions.
  • Your spouse and unmarried children under 21 years of age may seek admission to the United States as H-4 dependents.  
    • However, family members are not eligible for employment in the United States while on an H-4 visa and H-2A employers may not cover travel, food, and housing expenses for your family members.
  • Your visa does not allow you to work for other employers that are not listed on your H-2A visa.
    • If you wish to transfer your employment or work beyond the employment dates listed on your visa, you must obtain a new visa.
    • An employer should not force, trick, or coerce you to work for another employer or to perform work that is not on your job order.
  • You must leave the United States when your job ends.
    • H-2A visa holders who complete their contract period have at least 30 days after the end of the contract to leave the United States or to obtain a new visa or alternative form of immigration relief. Note that current rules have expanded the 30-day grace period to 60 days at the end of the contract; however, the current rules may be rescinded and returned to the 30-day grace period. Workers considering staying beyond 30 days may wish to consult with an immigration attorney. Please visit When Your Job Ends Early and Immigration Basics for additional information.

Additional Information for Domestic U.S. Workers

  • It is illegal for employers to use the H-2A program to displace U.S. workers.  
  • It is illegal for an employer to deny or discourage qualified U.S. workers from applying for H-2A jobs. A “qualified U.S. worker” is any individual who is able, willing, and available to perform the labor, including U.S. citizens, Lawful Permanent Residents, and other work-permit holders.
  • H-2A employers must hire qualified U.S. workers who apply to the H-2A job within the first 50% of the job period.
  • Employers must hire any qualified U.S. worker who applies before the job starts or anytime during the first half of the contract, even if foreign workers have already started work.
    • For example, if an H-2A job starts on June 1st, 2025, and ends on August 29th, 2025, there are a total of 90 days in this time period. In this example, a U.S. worker can apply any time before July 15th, 2025 (because that is within the first 45 days, which is the first half of the contract) and the employer must hire them if they are otherwise qualified.  
  • Any worker working alongside and doing the same work as H-2A workers must receive all the rights and protections in the job order and provided to H-2A workers, even if they were not hired under the same H-2A contract.
  • U.S. workers may not be laid off or placed in lower-paying jobs during the contract period, unless all foreign visa workers have been laid off first.  

Leaving Your H-2A Employment Early

Workers have the right to leave their jobs at ANY TIME for ANY REASON.  

  • Your employer cannot have you arrested, imprisoned, or your visa denied for quitting. Workers can contact our office if they have been threatened by their employers or supervisors.
  • Workers have the right to be paid for all their work completed prior to quitting! Please visit Wages in Michigan for more information.  
  • While some benefits may not be available to workers who leave their employment early, you have the right to end your employment at any time and for any reason. If you have questions about what benefits may be impacted by your decision to leave early, you can call our office.

Immigration Consequences When Leaving H-2A Employment Early

  • Workers will not be penalized by the U.S. government or the Mexican Consulate for quitting their job before the contract ends.
  • However, employers are required to report to the U.S. government that a worker has quit within 2 business days. Therefore, H-2A workers must leave the U.S. or obtain alternative immigration relief to stay in the U.S.
  • The U.S. government will give you some time to obtain alternative immigration relief or to leave the country. Generally, it is recommended workers leave as soon as possible, within 10 days after a worker leaves their employment.
  • If workers remain in the U.S. after quitting, even if their H-2A contract has not yet expired, or if they work for another employer that is not listed on their H-2A visa without obtaining alternative immigration relief, they could encounter obstacles when returning to the U.S. in the future. 
Category
Farmworker Employment Rights