North Carolina, Raleigh- For most workers arriving in the United States on an H-2A agricultural visa, the season is over.
At this time of year, it is essential that you take all the precautions before returning to their communities of origin. For example, checking that the rancher has fulfilled his contractual obligations, such as full payment of wages and reimbursement of expenses Travel.
But also, as the season comes to an end, many farmworkers also begin planning their trip for the following year.
The agricultural industry in general and the H-2A program in particular have working conditions that often serve as a breeding ground for labor trafficking. This serious crime, as defined by the Essential Guide for Farm Workers of Polaris, “involves the exploitation of adults and minors for labor or sexual commerce through the use of force, fraud or coercion.”
For that reason, both those who had a good experience in the H-2A program and those who suffered abuse should take precautions before returning next year.
Learn what the steps and requirements are to obtain an H-2A Visa for agricultural workers in the United States. Click here.
Think about the last agricultural season and take precautions before returning next year with an H-2A visa
As indicated to Enlace Latino NC Polaris experts, before returning to the United States with an H-2A visa, it is essential to pay attention to the signs of possible labor trafficking.
Those signs may have taken place during this season's contract, or they may present themselves in the reclutamiento of the next year.
If you have experienced fear and threats during the season, it is very important that you do not work for the same employer again. Some common practices highlighted by Polaris that you should pay attention to are:
- Physical abuse or threats of physical abuse, such as hitting
- Sexual abuse or threats of sexual abuse
- Lock up or prevent you from leaving the workplace or home
- Threats to harm you or your family if you try to leave, complain about abuse or seek help
- Threats of deportation or arrest for seeking help
- Threats to harm other workers who have tried to leave or seek help
- Threat to put you on a blacklist so that you do not apply for the visa again in case you decide to report
You should also pay attention if you have incurred debts that you have not been able to pay off. “The use and manipulation of debt is the strongest and most commonly used weapon by abusers and traffickers. It is illegal to use a debt to force you to continue working or to prevent you from leaving,” explains the Polaris guide.
Take precautions during the recruitment of your H-2A agricultural visa
Let's assume that none of the above has happened to you during the season. That doesn't mean you should let your guard down. Next year, when recruiters start contacting you, you'll also need to pay close attention to stay safe.
If any of the situations that we will mention below occur to you during the recruitment stage, it is most likely that the recruiter is trying to scam you.
Walk away, ask for help, or report the recruiter if:
- Charge you recruitment fees
- It guarantees that you will obtain a visa (only the consulate can make the final decision)
- Promises too high a salary (most visa jobs pay between $7.25 and $15 an hour)
- The job offer is for more than one year
- It tells you that you do not need an interview at the United States consulate
- Offers an H-2A visa but says the job is not in agriculture
- It says that through the visa you can get permanent residence
- It doesn't tell you where the work is
If you want to know more about it, click here to read experiences of fair recruitment and abusive recruitment.
Where to ask for help?
Whether you have had a bad experience during the season, or if you come across a recruiter who is trying to take advantage, you can ask for help. You can even do it if these abuse attempts have not happened to you but to a friend or family member.
If you want to contact the National Line against Human Trafficking in Mexico you must call 800 5533 000 . It is a valuable resource managed by the Citizen Council organization with the support and cooperation of Polaris.
If you are in the United States, you can contact the National Human Trafficking Hotline by calling 1 888 373 7888 or texting “Help” to 233733. You can also chat online at humantraffickinghotline.org.
In all cases you will receive help for free and in Spanish. The help is completely confidential, regardless of your immigration status. It is offered 24 hours a day, 7 days a week, 365 days a year.
Did you know that you can contact an H-2A employer directly, without going through a recruiter?
If you are thinking about working again with an H-2A visa next year, it is important that you know this information. There are several resources that allow access H-2A job offers directly, without having to go through a recruiter:
- The Migrant Portal: an NGO service Migrant Rights Center. It works as a job board that connects job seekers with job opportunities.
- Hired: on this page the workers themselves write comments about their experiences with contractors, companies or recruiters.
- National Employment Service of Mexico: an official page of the Mexican government where job offers are disseminated in different countries, including the United States.
- Seasonal Jobs- Provides phone numbers and emails to directly contact employers verified by the United States government.
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Hello, I want to obtain my H2A visa, I am a Professional Technician in Agricultural Business Administration, Graduated from SENA national learning service, in COLOMBIA
Professional Technician in Agricultural Companies