Please see attached joint comments detailing the following recommendations:
For Migrant Workers
• Streamline and revitalize the employment service complaint system.
• Implement a policy of consistently communicating with SWAs about labor violations to ensure services are discontinued to employers who abuse the H-2A system.
• Forbid terms in clearance orders that create barriers to the employment of U.S. workers and otherwise create inequities in agricultural and non-agricultural work, and require contract terms be translated into languages the workers understand.
• Fix the prevailing wage survey systems that currently allow both H-2A and H-2B workers to be severely underpaid.
• Stop awarding H-2A visas for non-agricultural work such as trucking and construction.
• Implement the regulatory coordinated enforcement system that is designed to protect farmworkers.
• Increase oversight of SWAs to ensure proper provision of services to farmworkers.
For All Workers
• Allow attorney participation in WHD investigations.
• Revise the policy of categorically refusing to produce information related to ongoing investigations on the basis of FOIA exemption 7(a).