Employers participating in the H-2A program must comply with all federal program regulations, while both employers and workers are bound by the specific terms and conditions of employment outlined in the DOL-certified Agricultural Clearance Order (Form ETA-790/790A).
Workers must receive a copy of the Employment Contract upon arrival to the worksite, and:
- Employers can’t change the contract during the contract period
- Employers may need to provide safe housing and transportation to and from the worksite, depending on the situation
- Workers may be eligible to receive unemployment insurance if they meet Massachusetts eligibility requirements
State Monitor Advocate (SMA)
In Massachusetts, the State Monitor Advocate (SMA) is responsible for supporting Migrant Seasonal Farmworkers (MSFWs), including:
- Reaching out to them where they work, live, and gather
- Monitoring services they receive at American Career Centers
- Managing the Employment Service and Employment-Related Law Complaint System
- Promoting the Agricultural Recruitment System (ARS) for U.S. workers, which connects employers and jobseekers
Workers who need assistance can contact the State Monitor Advocate directly.