Many H-2A workers have contacted us with questions about their options when they’re considering quitting a job. Although some employers may threaten you, it’s important to know that you can quit your job at ANY TIME.
If you are an H-2A worker and you are considering leaving your job before the contract ends, please read the information below. Here, we offer you answers to the most common questions H-2A workers ask our office.
PLEASE NOTE: If you are an H-2A worker who works for the North Carolina Growers Association (NCGA), an early departure from the job could affect your rights in a way not mentioned in this document. Contact the union FLOC (919-731-4433) to get more information.
1. If I quit my job before the contract ends, can this get me in trouble with the Mexican consulate or the US government?
No. Quitting your job, as an H-2A worker, before the contract ends, will not “get you in trouble” with the US government or with your own government.
2. Can my employer have me arrested, imprisoned, or deported, or have my visa denied for quitting?
No. Your employer doesn’t have the authority or the ability to do anything of these things. If your employer threatens you in any way, you can call us at (800) 777-5869 or contact a private attorney.
3. If I quit my job before the contract ends, can I stay in the United States?
If you decide to quit your job before the contract ends, your employer is required to report this to the federal government in the next two business days. The government will give you a grace period which is a few days for you to leave the country before your migratory status expires.
If you stay longer, after the grace period, your migratory status will change and you will no longer be authorized to be in the country. You do not have permission from the government to stay in the United States for a long time, nor until the date indicated on your visa when the contract ends.
4. If I quit my job before the contract ends, can I work for another person in the United States?
If you decide to quit your job before the contract ends, you DO NOT HAVE PERMISSION to work for any employer other than the one that appears on your H-2A visa.
5. If I quit my job before the contract ends, will have I have problems returning to the United States with a visa in the future?
If you decide to quit your job before the contract ends and you decide to stay in the United States after the grace period or if you work for an employer other than the one that appears on your H-2A visa, you could encounter obstacles in returning to the United States with a visa in the future.
If you decide to return to your country immediately, you should not have any problem returning to the United States with a visa in the future. However, keep in mind that if you apply for an H-2A visa job with another employer, they can ask you questions about your decision. Hang onto the plane ticket or bus ticket that you used to return to your home country, as this can be the only proof that you left on time.
6. If I quit my job before the contract ends, will I lose my right to be paid for the work I’ve already done?
If you decide to quit your job before the contract ends, you still reserve the right to be paid for the work you’ve done according to the wage stipulated in the H-2A contract. You DO NOT lose your right to receive whatever pay is owed to you for the work you have already done. Keep in mind that there are different laws related to the payment of wages, each of which has a deadline for when you can avail your rights. If you have not received due wages for your work, you can call our office at (800) 777-5869 or a private attorney to discuss your options.
7. If I quit my job before the contract ends, will I lose my right to receive other guarantees of the H-2A contract?
If you decide to quit your job before the contract ends, it is important to know that your employer will no longer be responsible for giving you at least 75% of the hours promised in the contract. Your employer will also not have to pay your return travel expenses.