Can the employer require advance payment from the worker?

The H-2A program was created to meet the demand for seasonal agricultural workers in the United States and has specific rules to protect the rights of foreign workers. A fundamental aspect of these rules is precisely to prevent abuse and exploitation, ensuring that all working conditions are clear from the beginning.

Regarding the charging of any fees, it is important to highlight that employers participating in the H-2A program cannot require advance payment from workers. U.S. law and program regulations establish that all expenses related to hiring – such as recruitment, transportation, and other operational costs – must be borne by the employer. This measure aims to prevent workers from being burdened with costs that may significantly reduce their earnings or cause debt.

If the worker is pressured to pay in advance, this constitutes a violation of the H-2A program rules. It is essential that workers report irregular practices to the competent authorities and seek reliable information, as well as consult immigration specialists to understand rights and obligations.

Complying with immigration laws and the specific regulations of the H-2A program is essential to ensure a fair and safe experience in the United States, avoiding false promises and protecting workers” rights.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.