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Do you remember when the Trump administration proposed three negative changes to the H-2A visa program a couple of years ago? The Trump administration’s proposal included 1) changing the employer’s obligation to reimburse travel and subsistence expenses and only requiring the employer to reimburse those expenses to and from the consulate; 2) allowing employers to self-certify housing for up to twenty-four months; and 3) changing the methodology to calculate farmworkers’ wages. These changes would have harmed farmworkers by potentially reducing their wages and exposing them to unsafe housing conditions.

Migrant worker responded, sending tens of thousands of comments to the Department of Labor urging the agency to reject these three negative changes to the H-2A rules. Thanks to migrant workers’ leadership and organizing, these proposals were NOT included in the new regulations. Additionally, workers won a few changes that will benefit workers with H-2A visas. Our ally organization, Farmworker Justice, highlighted a few of those positive changes recently.

·       Rental Housing: “Improves protections for workers who live in hotels, motels, and other public accommodations. Requires employers to attest that rental housing meets specific, articulated health and safety standards.”

·       Meals and Reimbursements: “Clarifies that any meal charges are subject to limitations and recordkeeping requirements under the Fair Labor Standards Act.”

·       Labor contractor bonds: “Increases the bond amounts that must be paid by H-2A labor contractors based on the number of employees they seek and the [wage rate] each year.”

One more thing. This rule is very far from perfect, but it could have been worse. As we continue to organize to defend our rights, powerful corporations push politicians in the U.S. government to expand the H-2 programs, even though these programs hurt us and our families. Many of the problems in the H-2A and H-2B programs are the products of hateful political decisions that don't reflect our values or our demands.

Workers won this victory through their voices and organizing, and we need to continue organizing and fighting. Together, we can change and improve working conditions. Your opinion and experience are important. Speak out and defend your rights!

In Centro de los Derechos del Migrante, Inc. (CDM), we listen to you and accompany you in defending your rights in recruitment and at work. If you have any questions about your legal rights or you want to share your experience with temporary work in the United States, you can call us at: 800-590-1773 from Mexico and 1-855-234-9699 from the United States. We answer calls from Monday through Friday, 9:00 to 5:00 central time.

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