Migrant and Seasonal Farmworkers
The U.S. Department of Labor works with state entities like DWS to provide job training programs and employment assistance to migrant and seasonal farmworkers. The goal is to help workers and their families acquire new job skills in occupations that offer higher wages and a more stable employment outlook.
What makes someone a Migrant Farmworker or a Seasonal Farmworker?
- You have been employed primarily in agricultural or farm-fishing labor for one full year
- Your work is frequently marked by periods of unemployment or under-employment
- (Migrant farmworker) Your work requires a residential stay at the job site
- (Seasonal farmworker) Your work does not require a residential stay at the job site
- Low income
Services for Migrant/Seasonal Farmworkers:
- Education and training programs, GED attainment
- English as a second language classes
- Certifications; Arkansas Career Readiness Certificate
- Skills assessments
- Job openings and places hiring near you
- Growing industries and occupations
- Resume writing
- Job-search assistance
- Career planning
- Financial literacy information
About the H-2A Program
The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment of a seasonal nature is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer’s need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than one year.
Learn more about the H-2A program here:
H-2A Temporary Agricultural Program | U.S. Department of Labor (dol.gov)
About the H-2B Program
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification. The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.
Learn more about the H-2B program here:
Employee Rights
H-2A Program
Employee Rights under the H-2A Program (English) WHD1491Eng_H2A.pdf (dol.gov)
Employee Rights under the H-2A Program (Spanish) WHD1491Span_H2A.pdf (dol.gov)
H-2A Worker Rights Card (English) H2AEnglish.pdf (dol.gov)
H-2A Worker Rights Card (Spanish) H2ASpanish.pdf (dol.gov)
H-2B Program
Employee Rights under the H-2B Program (English) Employees Rights Under the H-2B Program (dol.gov)
Employee Rights under the H-2B Program (Spanish) Employees Rights Under the H-2B Program Spanish (dol.gov)
Farm Worker Rights
Farm_Worker_Rights_Flyer.pdf (dol.gov) (English & Spanish)
