H-2A contracts provide for certain benefits.
You are covered by an H-2A contract if you have an H-2A visa to work for your employer.
You may also be covered by an H-2A contract even if you do not have an H-2A visa, but you work for a farm where H-2A workers are employed and you do the same type of work the H-2A workers do.
Your rights under an H-2A contract include:
- A minimum wage of $15.81 per hour in North Carolina for all your work in 2024. Even if you are working on a piece rate, your earnings should equal at least $15.81 for all the hours you work each week;
- Reimbursement in your first paycheck for the reasonable costs you incurred traveling from your home to your worksite in North Carolina, including, but not limited to, transportation, meals, and visa costs (also known as the “derecho a visa”);
- Payment for the cost of your transportation and meals for your journey back to your home or on to your next job when you finish your contract;
- Free housing which, if it is in a migrant labor camp, meets the standards of the North Carolina Migrant Housing Act;
- A 3/4 guarantee — you are guaranteed pay equal to 75% of the hours promised in the contract if the employer provides you with fewer than 75% of the total contract period hours of work promised;
- Tools necessary to do your job at no additional cost to you;
- Workers’ compensation coverage at no cost to you;
- Wage statements for each week that accurately show the number of hours you worked, the number of units you picked, and your pay; and
- Compliance with all laws governing farmworker employment, including field sanitation, migrant housing, and pesticide safety.
- You also have the right to keep your passport and other identification documents.
If you are an H-2A worker and you are considering leaving your job before the contract ends, please click here for more information. We offer you answers to the most common questions H-2A workers ask our office.
If you are an H-2A worker or work on a farm with H-2A workers, click here for the most updated version of our more detailed Know Your Rights Booklet for H2A Workers in North Carolina (Spanish).