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In March 2023, OSHA (Occupational Safety and Health Administration) was granted the authority to issue visa certifications to protect immigrant workers who assist in criminal investigations as part of broader efforts to ensure workplace safety and uphold labor rights. These certifications are issued to support the applications of qualified individuals for ‘U” or “T” non-immigrant status visas.
U and T Visas
The U and T visas are both designed to provide legal status in the United States to victims of certain crimes and human trafficking. They serve distinct purposes and have different eligibility criteria.
The U visa is intended for victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of criminal activity. The individual must have been helpful or is likely to be helpful to law enforcement in the investigation or prosecution of a violation of U.S. laws.
In exchange, the undocumented immigrant receives temporary legal status and work eligibility for up to four years. Additionally, a U visa holder who remains in the U.S. continuously for three years is eligible to apply for lawful permanent residence.
The T visa is intended specifically for victims of severe forms of human trafficking, most notably sex trafficking or labor trafficking. Eligibility is based on assisting law enforcement in the investigation or prosecution of such crimes.
Both U and T visas protect and assist victims of serious crimes and human trafficking, providing them with a pathway to stability and, potentially, permanent residency in the United States.
Why OSHA Was Granted this Authority
The Department of Labor’s Wage and Hour Division (WHD) has had the authority to issue U visa certifications since 2011 and T visa certifications since 2015. As of recent reports, the WHD has completed over 2,000 U and T visa certifications. This has led to stronger cases against perpetrators, higher rates of conviction, and deterrence of future crimes.
OSHA is now positioned to achieve similarly impressive results. The new authority allows OSHA to issue certifications during its workplace safety investigations when it identifies qualifying criminal activities, such as manslaughter, trafficking, extortion, felonious assault, forced labor, and obstruction of justice.
Specific Advantages to workers, OSHA, and the nation as a whole include the following:
Promoting Workplace Safety
Immigrant workers, especially those who are undocumented, often work in hazardous conditions and may be reluctant to blow the whistle on unsafe practices due to fear of deportation. By providing visa certifications, OSHA encourages these workers to come forward with information about unsafe working conditions without fear of immigration-related retaliation.
Encouraging Reporting of Violations
Immigrant workers are sometimes victims or witnesses of serious labor violations, including workplace safety breaches. Visa certifications serve as an incentive for them to report these violations, thereby helping OSHA to enforce safety standards more effectively.
Supporting Law Enforcement
By assisting in criminal investigations related to workplace crimes, such as human trafficking, exploitation, or severe labor violations, immigrant workers contribute valuable information that can aid in prosecuting offenders. Visa certifications help ensure their cooperation and protection during these investigations.
Protecting Worker Rights
Providing visa certifications aligns with broader efforts to protect the rights of all workers, regardless of immigration status. It helps to create an environment where workers feel safe to report abuses and exercise their rights without fear of deportation or other retaliatory actions.
Public Health and Safety
Ensuring that all workers, including immigrants, can report unsafe working conditions without fear contributes to the overall health and safety of workplaces, which benefits the entire workforce and the public.
Overall, OSHA’s authority to issue visa certifications is part of a comprehensive strategy to uphold workplace safety, protect workers’ rights, and support law enforcement in combating workplace-related crimes.
Successful Prosecutions
OSHA’s ability to support undocumented immigrants who have been victims of specific crimes and secure their cooperation has already been instrumental in successful prosecutions. Here are two examples:
Human Trafficking Case in California
In one case, OSHA’s certification of T visas helped dismantle a labor trafficking ring in California. Undocumented workers were forced into labor under threat of deportation and violence. With the protection provided by T visas, victims were able to testify against their traffickers, leading to the prosecution and conviction of multiple individuals involved in the trafficking network. This case highlighted the critical role of victim cooperation in law enforcement efforts to combat human trafficking.
Workplace Safety Violations in the Construction Industry
Another example involved a construction company where undocumented workers were subjected to unsafe working conditions and severe exploitation. OSHA issued U visa certifications to several workers who had suffered substantial physical and mental abuse. Their testimonies were crucial in prosecuting the company’s management, who were charged with multiple safety violations and labor exploitation. The successful prosecution led to significant fines and stricter enforcement of safety regulations in the industry.
These cases illustrate how OSHA’s ability to issue U and T visa certifications has empowered victims to step forward, providing critical evidence that has led to successful prosecutions. This not only helps in achieving justice for the victims but also enhances overall workplace safety by holding violators accountable.
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