The Biden Administration Creates Task Force to Strengthen Protection for H-2B Temporary Workers

The U.S. government announced new measures to strengthen protections for foreign workers in the H-2B visa program, including support in labor disputes, avoiding exploitation after recruitment, and campaigns to inform them of their rights.

The Departments of State, Labor, Homeland Security, and the U.S. Agency for International Development are part of a task force that adds increased scrutiny to employers when hiring foreign workers to carry out nonagricultural labor or services in the country.

In a report released last week by the White House, the Biden administration said all these government agencies will investigate violations related to fraud and abuse in the H-2B program.

"The Biden-Harris administration is committed to protecting all workers, including migrant workers who are particularly vulnerable to exploitation," Acting Secretary of Labor Julie Su said.

According to Su, the actions outlined in the H-2B Worker Protection Taskforce report will help ensure that participants are "treated with dignity and respect and that they have the resources and support they need to exercise their rights."

In turn, Secretary of State Antony Blinken, said that the government will make sure abuse and exploitation are avoided and that the agency seeks to protect workers throughout the recruitment and employment process.

USAID said that will continue to work with Central American governments to connect workers with job opportunities in the U.S.

"(USAID will empower) workers to improve their livelihoods without having to rely on unscrupulous recruiters," said USAID Administrator Samantha Power.

The task force's main objectives are:

• Protecting H-B2 and H-2A workers in labor disputes with their employers;
• Leveraging existing data to increase transparency and reduce the vulnerability of the program's workers;
• Reducing workers' vulnerability to exploitation from labor recruiters and employers, including data sharing between agencies on allegations of impermissible recruitment practices;
• Empowering workers by improving their access to information.

According to the report, before hiring foreign workers, employers must test the US labor market to allow the Labor Department to assert to the Homeland Security Department that not enough American workers are "able, willing, qualified, and available to perform the temporary work for which they seek a prospective foreign worker."

The White House said that while H-2B workers come to the U.S. from many nations, the agencies in the task force can promote ethical recruitment and enhance transparency in the process for H-2B workers coming from Mexico, El Salvador, Guatemala, and Honduras. "Key activities include supporting these governments' effort to regulate private recruiters; ensure strong labor law enforcement in countries of origin; and support a state-based model of worker identification, vetting, and matching to H-2B employers," the report stated.