Wage theft amidst surge in H-2B guest worker program

Restaurants, hotels, construction firms and other U.S. industries have stolen about $1.8 billion from workers employed in the H-2B nonimmigrant visa program over the last 20 years as it sees record growth, according to a report by Daniel Costa for the nonprofit Economic Policy Institute.

Here are the highlights:

What this report finds: The H-2B program—which allows U.S. employers to hire migrant workers for temporary and seasonal jobs—is growing and will reach its largest size ever in 2022. At the same time, mass violations of wage and hour laws are being committed in the industries that employ H-2B workers. Department of Labor data show that nearly $1.8 billion was stolen from workers employed in the main H-2B industries (which includes both U.S. and migrant workers) between 2000 and 2021.

Why it matters: The Biden administration has been increasing the size of the H-2B program while H-2B workers are in a vulnerable situation. Their precarious immigration status makes it difficult for them to complain when their employers break the law. This report is timely because the Biden administration is currently considering new changes to the H-2B program.

What can be done about it: The Biden administration can issue new regulations that protect H-2B workers and that screen out and prohibit employers from hiring through H-2B if they have a track record of violating wage and hour and labor laws. The administration can also issue new rules to protect workers from employer retaliation and can issue better wage rules.

To understand the context of wage theft, see Rebecca Galemba’s TEDxMileHigh Talk on wage theft and her book, Laboring for Justice (Stanford Press 2022, forthcoming in paperback 2023).

MHC