The Case for Transparency

Trafficking Under Temporary Foreign Worker Visa Programs Nonimmigrant visa programs play a substantial and evergrowing role in the U.S. labor market. The Economic Policy Institute (EPI) estimates that in 2013, 1.4 million temporary foreign workers were employed in the United States under the major nonimmigrant visa classifications, making up approximately one percent of the U.S. labor force at the time. Temporary foreign worker visa programs continue to grow. For the H-2A agricultural worker program alone, the number of visas issued has more than doubled since EPI’s estimates, from 89,274 visas in 2014 to 204,801 in 2019.4 According to the Congressional Research Service, there are currently 24 major nonimmigrant visa categories, and over 70 specific types of nonimmigrant visas for entry into the United States.5 “Nonimmigrant” visas are temporary, meaning the foreign-born person holding the visa may not remain in the country indefinitely. Of those nonimmigrant visas, many permit working in the United States; holders of these visas are therefore considered “temporary foreign workers” or “guestworkers.”

Unfortunately, many participants in temporary foreign worker visa programs are exploited, abused, and even trafficked due to systemic program flaws that create imbalances in favor of employers. First, visas are tied to a specific employer for a specific period of time, and 3