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The Daily Insight

Are H-2A workers required to file taxes?

Author

Andrew Mclaughlin

Published Mar 01, 2026

Yes. Wages you earn as an H-2A worker are subject to U.S. federal income tax. TIP: You should receive a Form W-2, Wage and Tax Statement, from your employer for each year you work. You will need the W-2 to file with your U.S.

What taxes are H-2A workers subject to?

H-2A workers are exempt from U.S. Social Security and Medicare taxes on compensation paid to them for services performed in connection with the H-2A visa. H-2A workers are not subject to mandatory withholding of U.S. federal income tax unless Backup Withholding applies.

Are H-2A workers considered statutory employees?

On Form W-2: Do NOT check box 13 (“Statutory Employee”) as H-2A agricultural workers are not “Statutory Employees” as defined by the Internal Revenue Code.

Do H-2B workers file taxes?

No, H-2B employers must offer and pay the prevailing wage to both American workers and H-2B workers. They receive a payroll check with itemized deductions for Social Security, Medicare, state income tax, and Federal income tax. H-2B workers pay the same taxes as American employees but cannot collect the benefits.

Do foreign workers get stimulus checks?

The CARES Act, which mandated federal payments to moderate and low-income Americans during the coronavirus pandemic, had specific rules on eligibility. The bottom line for foreign workers, according to Holtzblatt, is that non-resident aliens could not receive it.

What are H-2A workers?

The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. …

What does H 2A stand for?

Temporary Agricultural Employment of Foreign Workers
H-2A: Temporary Agricultural Employment of Foreign Workers.

What are H-2A employees?

Section 218 of the Immigration and Nationality Act authorizes the lawful admission into the United States of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature.

Do you have to withhold income tax from H-2A workers?

Employers are not required to withhold U.S. federal income tax from compensation paid to an H-2A agricultural worker (unless Backup Withholding applies; see below); however, it is quite possible that the H-2A agricultural worker will owe U.S. federal income tax when he or she files a U.S. individual income tax return for the year.

When do you have to pay taxes in Mexico?

For example, the U.S. has a tax treaty with Mexico provides for an exemption from income taxation for “non-resident” Mexican nationals in the U.S. for less than 183 days during a 12 month period. In assessing the worker’s tax liability at the end of the year, the foreign worker must factor in any tax treaty provisions that apply.

Do you have to file Form W-4 for H-2A agricultural workers?

There is no need for the H-2A agricultural worker to submit a Form W-4 if there is no agreement to withhold U.S. federal income tax from the compensation. If the employer withholds income tax, the employer will report the tax withheld in box 2 (Federal income tax withheld) on Form W-2 and on line 8 (Federal income tax withheld) on Form 943.

Why do foreign agricultural workers have to file taxes?

The worker has another need to file an income tax return, such as to satisfy tax liability on other U.S. source income. It is possible that these nonresident aliens could owe U.S. federal income tax.