U.S. Foreign Labor Recruitment : Trends & Worker Protection Issues

Tens of thousands of foreign nationals travel to the United States each year under the H-2A (agricultural) and H-2B (nonagricultural) visa programs. These programs are designed to fill a temporary need that U.S. workers are unavailable to fill. Employers may use third parties to recruit these workers and recruitment generally takes place outside the United States with limited federal oversight. This book examines the number of H-2A and H-2B workers who enter the country and the occupations they fill; how U.S. employers recruit H-2A and H-2B workers and what abuse may occur in recruitment and employment; and how well federal departments and agencies protect H-2A and H-2B workers. Furthermore, the book discusses the DOL labor certification/attestation and Department of Homeland Security (DHS) petition process as well as aspects of the applicability of federal labor laws to foreign workers. It also addresses state and local laws regarding labor, contract, and torts that sometimes provide foreign workers with additional rights.