Protecting Nonimmigrant Workers

Exploitation and abuse of nonimmigrant workers in the U.S. are not uncommon. So in an effort to combat such mistreatment, the U.S. Department of State has recently released a guide that explains their rights in the workplace and how they can get help.

The guide emphasizes that nonimmigrant workers have the right to be treated and paid fairly; the right not to be held in a job against their will; the right to keep their passport and other identification documents in their possession; and the right to report abuse without retaliation.

It encourages them to seek help from unions, immigrant and labor groups and other groups to seek justice in the U.S. courts. It provides them with a toll-free telephone number to call in case they are mistreated or if their rights are violated of if they are in immediate physical danger.

The nonimmigrants that are most vulnerable to abuse are the domestics, the agricultural and non-agricultural workers, the exchange visitors and the professionals.

Domestic workers usually work for diplomats (A-3 visa), representatives of international organizations (G-5 visa) and businessmen (B-1 visa). The guide states that their employers should provide them with employment contracts that comply with U.S. laws.

Their employment contract must include the following provisions: an agreement by the employer not to keep from them their passport, employment contract or other personal property; an agreement by the employer to follow all U.S. laws; an explanation of salary and frequency of payment of salary; and a description of the work duties, weekly work hours, holidays, sick and vacation days.

To ensure that they will be protected, the U.S. Consular Officer will meet the visa applicants, review and confirm that the employment contract complies with U.S. law and make sure that the workers understood the terms and conditions of the contract before they signed it.

H-1B workers such as teachers, therapists, engineers and computer professionals perform services in specialty occupations. They are advised to read about their rights, particularly their ability to transfer or change employers under immigration guidelines.

H-2A Temporary agricultural workers must have a written contract describing the terms of their employment not later than the first day of work. The document must give detailed information about the benefits, wages, free housing, duration of work and transportation costs.

Transportation costs from their country to their place of employment must be reimbursed if they complete half the contract period and transportation for their return trip home must be given after completion of their contract.

They should be guaranteed work for at least 3/4 of the number of workdays stated in the contract unless displaced by a U.S. worker during the first half of the contract period. They don’t have to pay for a labor recruiter in their home country.

H-2 B temporary non-agricultural workers are entitled to payment at or above the prevailing wage and this applies whether they are paid hourly or by piece rate. They must also be provided transportation costs for their trip home if their work ends or they are dismissed for business reasons unrelated to their job performance. They are entitled to terms and conditions of employment that are normal for similarly employed U.S. workers. Recruiters from their home country should not charge them.

J-1 exchange visitors are covered by their DS 2019 document that shows the category of the exchange program and its duration. The program must have a minimum duration of three weeks. Those in the summer work travel program must be assisted by the sponsor in locating employment to ensure that they receive pay. For those in training and internship, a plan must provide a summary of the training objective and a stipend. The training must be at least 32 hours per week and must meet federal requirements.