When an H-2A Worker Leaves: Abandonment, Firing and Transfers

Workers leave for many reasons. How you document it decides what you still owe.

The 2-working-day rule

If a worker abandons the job or is fired for cause, notify DOL and, for H-2A workers, DHS within 2 working days (20 CFR 655.122(n)). If you do, you no longer owe that worker:

return travel and daily subsistence
the three-fourths hours guarantee

Miss the deadline and you may still owe both.

When it counts as abandonment

A worker has abandoned the job after 5 consecutive working days of not reporting for work without your consent.

Firing for cause

You must be able to show the firing was for a legitimate reason related to the job. Document the rule that was broken, any warnings, and what happened. Keep these records for 3 years.

The 2024 Farmworker Protection Rule added detailed progressive discipline steps. DOL's Wage and Hour Division suspended enforcement of that rule in June 2025 (DOL bulletin), but clear warnings and written records are still the best protection.

Workers transferring to another employer

Under a DHS rule effective January 17, 2025, an H-2A worker can start work with a new H-2A employer once that employer properly files a new petition. Workers also get a grace period of up to 60 days after their job ends to find new work or leave (the DHS rule).

If a worker leaves you for another employer: record the last day worked, the reason, and the new employer if you know it.

If you hire a worker from another farm: keep a copy of your new petition's receipt, their previous contract details, and their start date.

Contract impossibility

If fire, weather or another act of God ends the work early and DOL agrees, you pay the three-fourths guarantee up to that date. You also try to move workers to comparable work, and pay return or onward travel if you cannot (655.122(o)).

Records to keep

the date and reason for every departure
copies of notices to DOL and DHS, with the date sent
warnings and discipline records
transfer paperwork for workers coming or going

Battenkill Ag starts a 2-working-day countdown the moment you tell us a worker left, and sends the notices on time. Talk to us.

Quick answers

How quickly do I report an H-2A worker who left?

Within 2 working days. Notify DOL and, for H-2A workers, DHS. Late notice means you can still owe return travel and the three-fourths guarantee.

When is a worker considered to have abandoned the job?

After 5 consecutive working days of not reporting for work without your consent.

Can an H-2A worker move to another farm?

Yes. Since January 2025, a worker can start with a new H-2A employer as soon as that employer properly files a new petition.

Battenkill Ag is an H-2A agent, not a law firm. This guide is general information, not legal advice. Rules change, so check the linked regulations or talk to an immigration attorney about your situation. Last reviewed October 13, 2026.