Fact Check: The H-2A and H-2B programs allow temporary employment of migrant workers in the U.S.

Fact Check: "The H-2A and H-2B programs allow temporary employment of migrant workers in the U.S."

What We Know

The H-2A and H-2B visa programs are designed to allow U.S. employers to hire foreign nationals for temporary work when there are insufficient domestic workers available.

1. H-2A Program: The H-2A program specifically allows U.S. employers to bring foreign nationals to the United States for temporary agricultural work. This program is governed by the Immigration and Nationality Act, which permits the admission of nonimmigrant workers to perform agricultural labor or services of a temporary or seasonal nature. Employers must demonstrate that they have attempted to recruit U.S. workers and that hiring foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers (U.S. Department of Labor, USCIS).

2. H-2B Program: The H-2B program allows U.S. employers to temporarily hire foreign workers for non-agricultural labor or services. Similar to the H-2A program, employers must demonstrate a lack of available domestic workers and comply with specific regulatory requirements (U.S. Department of Labor, USCIS).

Analysis

The claim that the H-2A and H-2B programs allow temporary employment of migrant workers in the U.S. is supported by multiple reliable sources. Both programs are well-documented in official government publications, including those from the U.S. Department of Labor and U.S. Citizenship and Immigration Services.

• The H-2A program is specifically tailored for agricultural work, requiring employers to prove that they cannot find sufficient U.S. workers and that hiring foreign workers will not negatively impact local labor conditions (source-3, source-4).
• The H-2B program serves a similar purpose for non-agricultural sectors, allowing employers to fill temporary positions when domestic labor is unavailable (source-5, source-2).

Both programs require adherence to strict regulations, including labor certification processes, which ensure that U.S. workers are prioritized for available jobs before foreign workers can be hired. This regulatory framework adds to the credibility of the programs and their intended purpose.

Conclusion

The verdict on the claim is True. The H-2A and H-2B programs indeed allow for the temporary employment of migrant workers in the United States, with specific provisions to protect domestic labor interests and ensure compliance with labor laws.

Sources

1. H-2A Temporary Agricultural Workers
2. H-2B Temporary Non-Agricultural Workers
3. H-2A: Temporary Agricultural Employment of Foreign Workers
4. H-2A Visa Program For Temporary Workers
5. H-2B Program
6. H-2A and H-2B Temporary Worker Visas: Policy and Overview
7. Labor Certification Process for the Temporary Employment of H-2A and H-2B Foreign Workers
8. H-2A and H-2B Visas: Temporary Workers