June 29, 2023
Migrant Labor to the United States: Your Voice Has Power.
On January 17, 2023, the government of Mexico and the government of the United States signed a Memorandum of Understanding (MOU) regarding Labor Mobility and the Protection of Participants in Temporary Foreign Worker Programs. Although H-2 visas are available to individuals from more than 80 countries, most are processed by Mexican nationals. The MOU lays the groundwork for joint work to improve the temporary employment visa system, including H-2 visas,and the recruitment of workers accessing them in Mexico.
Which institutions were involved in the signing of this MOU?
From Mexico, the Ministry of Foreign Affairs and the National Employment Service, which is part of the Ministry of Labor and Social Welfare and from the United States, the Department of State (DOS) and the Department of Labor (DOL).
What are the objectives?
Ensure U.S.-Mexico collaboration in monitoring H-2 visa program
Ensure fair hiring practices for workers on temporary work visas in Mexico, including people from Guatemala, El Salvador and Honduras.
Collaborate on the enforcement of labor rights, anti-discrimination protections, and accountability.
Facilitate the availability of decent temporary employment that complies with legal protections in both countries.
Explore the use of the National Employment Service platform to disseminate information about employment opportunities in the United States.
Why is it important for migrant workers?
After the so-called Bracero Program, which existed between 1942 and 1965, there has been no formal agreement between Mexico and the United States that guarantees the participation of the governments of both countries in the process of recruitment, management, transfer, employment and return of workers from both countries.
It is important because it recognizes labor human rights, including gender equity, as a fundamental part of the document. Labor human rights, including gender equity, are a fundamental part of the document. It recognizes migrant labor is essential for U.S. industries, food and services in particular. So far, the lack of regulation has opened the door to practices that violate the rights of many workers from recruitment to return home. The signing of this document is a first step to resolve the problems that many working people or those seeking work under the H-2 visa programs have experienced for many years. Some of the most important aspects of the MOU include:
It acknowledges the existence of various problems in the H-2 visa programs,
it puts on the table the need to intervene to solve these problems, through public policies in both countries.
Although the memorandum has no legal force, it is evidence of the "good faith" between both parties. It was signed with the intention of enforcing it and working in alignment. This is very important because we can reference it in our petitions, complaints, analysis and subsequent agreements.
CDM is happy for this important step towards migrant justice and dignified employment conditions. We are proud that this MOU incorporates our recommendations based on the priorities and experiences of migrant workers, in particular, the experience of women migrant workers.
How do we contribute to this achievement?
On March 23, 2021, two courageous women filed the first complaint against the United States under the T-MEC at a crucial moment in the fight to end gender discrimination against women migrant workers in temporary labor migration programs. The agreement's recognition of gender discrimination in recruitment reaffirms the central importance of listening to women workers.
This is a first step in the results we expect from the courage and drive of women taking action.
What's next?
We will continue to fight alongside migrant workers and the co-petitioners to ensure that the MOU does not stay up in the air. We will use the document to advance priorities that will have a real impact on the lives of migrant workers: access to justice, gender equity and data transparency.
Your experience is valuable, your voice has power, join the fight!
What can you do?
Check out Contratados.org, a CDM initiative which started nine years ago, that provides a space for migrant workers to share their experiences with recruiters and employers in order to provide useful information to their fellow migrant workers.
Learn about your labor rights on our social media and share the information with those around you.
If you are a person looking for information about employment with H-2 visas, check out El Portal Migrante. There you can find information about companies and also about your labor rights.
If you have a question about your recruitment process, call the Centro de Derechos del Migrante (Center for Migrant Rights)
From Mexico: 800 590 1773
From the United States: 1 855 234 9699