Understanding Agricultural Worker [Immigration]: Rights and Legal Framework

Definition & Meaning

An agricultural worker is a non-immigrant individual who comes to the United States temporarily to engage in agricultural labor or services. This classification is defined by the Secretary of Labor and is intended for those who perform work related to farming, harvesting, or other agricultural activities. These workers are typically employed in seasonal or temporary roles and may be required to stay away from their permanent residence overnight.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A farm in California hires agricultural workers from Mexico during the harvest season. These workers come to the U.S. on a temporary visa to assist with the picking of fruits and vegetables, fulfilling the criteria of an agricultural worker.

Example 2: A vineyard in Oregon employs seasonal laborers to manage grape harvesting. These workers travel from their homes and stay in temporary housing near the vineyard for the duration of the harvest (hypothetical example).

State-by-state differences

State Key Differences
California Has specific regulations for agricultural workers, including housing standards and wage requirements.
Florida Offers a unique visa program for agricultural workers, focusing on citrus and other crops.
Texas Regulations may vary based on the type of agricultural work and local labor laws.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Agricultural Worker Non-immigrant engaged in temporary agricultural work. Focuses on seasonal or temporary employment in agriculture.
Seasonal Worker Worker engaged in temporary employment, not limited to agriculture. Can include various industries, not just agriculture.
Immigrant Worker Individual who has obtained permanent residency or citizenship. Immigrant workers have different rights and responsibilities compared to non-immigrant agricultural workers.

What to do if this term applies to you

If you are an agricultural worker or an employer looking to hire one, it is essential to understand the visa application process and labor regulations. Consider using US Legal Forms to access templates for necessary legal documents. If your situation is complex or you need specific legal advice, consulting a legal professional is recommended.

Quick facts

  • Typical duration of employment: Seasonal or temporary.
  • Jurisdiction: U.S. immigration and labor law.
  • Possible penalties for non-compliance: Fines or legal action against employers.

Key takeaways

Frequently asked questions

Agricultural workers typically apply for temporary work visas, such as the H-2A visa, which allows them to work in the U.S. for a specific period.