by Chaz Bolte
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THE PROGRAMS
Two of the most used types of guest worker visas are the H-2A for agricultural workers and H-2B for non-agricultural workers. Both systems have deep flaws that lead to a pattern of abuse though some regulations have been put in place to prevent abuse of the H-2A. These include a “three-quarters guarantee” ensuring workers will get to work at least three-quarters of the hours stated in their contract, prevailing wages determined by the DOL, and reimbursement of expenses.
H-2A workers also are legally entitled to:
• Receive at least three-fourths of the total hours promised in the contract, which states the period of employment promised (the “three-quarters guarantee”);
• Receive free housing in good condition and meals or access to a cooking facility for the period of the contract;
• Receive workers’ compensation benefits for medical costs and payment for lost time from work and for any permanent injury;
• Be reimbursed for the cost of travel from the worker’s home to the job as soon as the worker finishes 50% of the contract period. The expenses include the cost of an airline or bus ticket and food during the trip. If the guestworker stays on the job until the end of the contract or is terminated without cause, the employer must pay transportationand subsistence costs for returning home;
• Be protected by the same health and safety regulations as other workers; and
• Be eligible for federally funded legal services for matters related to their employment as H-2A workers.17