Summary Of The H-2 Arbitrary Work Visa Program

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I. Executive Summary
This proposal urges Congress to support a reform of the H-2 temporary work visa program. Visa holders of the H-2 are highly susceptible to becoming victims of labor exploitation and labor trafficking. In hopes of providing more protections to migrants, this proposal recommends the following policy changes to the visa program:
• Allow for portability between employers.
• Prohibition of recruitment fees.
• Establish a registered list of approved recruiters.
• Require companies to directly give workers their contracts in their native language.
• Provide more oversight and monitoring of companies to ensure regulations are being followed.
• Connect victims to services and resources to assure them of their rights.
II. Introduction
…show more content…
In 1989, the INA was amended, and the H-2 visa category was divided into two: the H-2A for agricultural work and the H-2B for other seasonal work. This visa program allows individuals to work legally for a single designated employer. According to Polaris Project, there has been a significant increase in the number of H-2A visas each year since 2012. The majority of these visa holders are males from Mexico. In fact, Mexico supplied 94% of America’s H-2A visa holders over the past five fiscal years. In order to petition for an H-2A visa, an employer …show more content…
Presently, the only operational helpline provided in the “Know Your Rights Brochure” is the National Human Trafficking Resource Center (NHTRC). The NHTRC is equipped to handle victims of trafficking, but it is not in a position to address all of the non-trafficking labor violation reports it receives on a daily basis. There are cases in which a victim attempted to report the violations to the Department of Labor (DOL) however, it was to no avail. Victims were unsuccessful because reporting to the DOL can be extremely cumbersome and the wait times are excessive. Additionally, victims feel hesitant to leave their contact information with a major government entity mainly because of their legal

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