North Carolina, Raleigh- Like other employees, H-2A agricultural workers have the right to quit their jobs.
However, due to the particularities of their visas, quitting their job has repercussions on their immigration status.
“The immigration status of H-2A agricultural workers is tied to their employer,” he explained. Enlace Latino NC Aaron Jacobson, Legal Aid attorney specializing in immigration law.
For this reason, visa workers who quit their jobs cannot perform their duties for another employer and must leave the country.
The right to resign from employment is especially important because, as stated by the practical guide for H-2A workers Elaborated by Legal Aid, “some employers threaten workers by telling them that if they quit their job the government will deny them their visa in the future or they will be deported.”
The guide itself, prepared by specialists in immigration law, explains that this is an unfounded threat. H-2A workers can quit their jobs any time they want, although they will have to take into account new rights and obligations.
Rights and obligations of H-2A workers who resign before the end of the contract
H-2A agricultural workers have full right to quit their jobs. However, if they do so, they have the obligation to leave the United States within a period of less than 10 days.
In addition, they lose the right known as the “three-quarter guarantee.” According to this guarantee, workers have the right to receive 75% of the salary agreed in the contract if the employer assigns them less than the promised number of hours. When the worker resigns, however, the employer is no longer obliged to comply with that standard.
Likewise, if the worker resigns, the employer will not have to pay his or her travel expenses back to his or her country of origin.
However, as Legal Aid clarifies, the worker who resigns DOES have the right to receive the stipulated payment for the work he has already performed.
What happens if the H-2A worker wants to change employers?
Jacobson notes that the general rule states that H-2A workers cannot change employers. However, there is an exception: those cases in which the worker obtains another H-2A job.
“Migrant agricultural workers can only change jobs if they find a new one and with the express authorization of both employers,” the lawyer explained.
In any case, when changing jobs, the new employer must formally request the hiring as well as request a new H-2A visa for the worker.
Where to report workplace mistreatment or abusive situations?
Many of the H-2A workers who leave their jobs do so in the face of abusive or mistreatment by their employers.
Legal Aid NC offers free legal services in Spanish to North Carolina farmworkers.
To contact Legal Aid NC call toll-free: 1(800) 777-5869
You can also contact us by WhatsApp at: (919) 523-6665
For more information visit our information and service section for agricultural workers El Jornalero
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