This International Migrants Day we are celebrating a new rule that strengthens protections for migrant guestworkers in the H-2 program. The rule, which was announced yesterday by the Department of Homeland Security (DHS), will make it easier for migrant workers to access key existing worker protections.
A few highlights:
- Visa potability: In theory, visa portability was always a possibility in the H-2 visa program, though many factors made it nearly impossible. One main obstacle was that after leaving an abusive workplace, workers had very little time to look for employment with a company that was certified to hire them before falling out of status. The DHS rule gives workers a grace period to either organize their departure, seek legal assistance or look for new employment. This provision helps workers stand up against exploitation and opens up opportunities for them to find decent employment.
- Responsibility in recruitment: Charging recruitment fees has always been illegal, but in practice, many migrant workers are forced to pay those fees or sign promissory notes. The DHS rule makes it clear that employers are responsible for the actions of recruiters in their recruitment chain and includes promissory notes as a type of illegal recruitment fee.
- More accountability: DHS has the ability to provide harsher punishments to employers from the H-2 program if they violate the law or allow their recruiters to charge illegal recruitment fees. This provision protects workers from being exploited by low-road employers.
CDM’s tools like, el Portal Migrante —a job board for migrant workers— will be even more critical than ever to support migrant workers in finding decent employment and ensuring they can access visa portability provisions. Our website Contratados.org will also have an important part to play in ensuring workers know their rights and speak out against abuse.
2024 is almost over, but our work advancing migrant justice continues. Thank you for being a part of this journey and this movement for justice.