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The wage or rate of pay must be the same for U.S. workers and H-2A workers. The hourly rate must be at least as high as the applicable Adverse Effect Wage Rate (AEWR), [3] federal or state minimum wage, or the applicable prevailing hourly wage rate, whichever is higher.
The Adverse Effect Wage Rate (AEWR) is the minimum wage that the U.S. Department of Labor (DOL) has determined "must be offered and paid to U.S. and alien workers by agricultural employers of nonimmigrant H-2A visa agricultural workers" (Federal Register, February 10, 1999, p. 6690).
In fact, the DHS removed Mongolia from the list of H-2A eligible countries in 2022 after it estimated that 40.3% of Mongolian H-2A workers overstayed in 2019. Other visas
The state’s largest H-2A employment agency, Wafla partners with recruiters in Mexico to fill H-2A positions at Washington’s farms and ranches, as well as some farms in Oregon and Idaho.
H-2A Agricultural Workers should have the highest pay in accordance to the (a) Adverse Effect Wage Rate, (b) the present rate for a particular crop or area, or (c) the state or federal minimum wage. The law also stipulates requirements like employer-sponsored meals and transportation of the employees as well as restrictions on deducting from ...
Before their visa is issued, each H-2A worker receives a pamphlet outlining their rights—to be shown the contract, to receive a pay stub with hours listed, to work at least 75% of the promised ...
Failing to provide a copy of work contracts and did not state job orders’ actual terms and conditions. Giving preference when contracting H-2A workers and failed to contact U.S. workers employed ...
The Bracero Program was a temporary-worker importation agreement between the United States and Mexico from 1942 to 1964. Initially created in 1942 as an emergency procedure to alleviate wartime labor shortages, the program actually lasted until 1964, bringing approximately 4.5 million legal Mexican workers into the United States during its lifespan.