Guest worker program
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A guest worker program allows foreign workers to temporarily reside and work in a host country until a next round of workers is readily available to switch. Guest workers typically perform low or semi-skilled agricultural, industrial, or domestic labor in countries with workforce shortages, and they return home once their contract has expired.[1]
While
United States
In the United States, there have been efforts at guest worker programs for many years. These include the Bracero Program, enacted during World War II; attempts by the George W. Bush administration; and the current H-2A and H-2B visa programs. However, attempts at improving the programs have been ongoing and have been vigorously debated. While the United States' guest worker programs do not explicitly focus on any specific nationality, such plans typically target labor from Mexico,[3] due to the shared border, the economic disparity,[4] and the history of programs between the countries.[3][5]
Bracero Program, 1942–64
The
The Bracero Program expanded during the early 1950s, admitting more than 400,000 Mexican workers for temporary employment per year until 1959 when numbers began a steady decline.[6] While illegal immigration was a concern of both the United States and Mexico, the Bracero Program was seen as a partial solution to the upsurge of undocumented worker entries.[6]
Under the program, total farm employment skyrocketed, domestic farm worker employment decreased, and the farm wage rate decreased.[1] Critics have noted widespread abuses of the program: workers had ten percent of their wages withheld for planned pensions but the money was often never repaid.[7] Workers also were de-loused with DDT at border stations and were often placed in housing conditions deemed ‘highly inadequate’ by the Farm Service Agency.[8] Other scholars who interviewed workers have highlighted some of the more positive aspects of the program, including the higher potential wages a bracero could earn in the United States.[9] Due in large part to the growing opposition by organized labor and welfare groups, the program came to an end in 1964.[6]
H-2 Program
As opposed to the agriculture-based Bracero Program, the H-2 Visa Program offers both agricultural and non-agricultural opportunities for guest workers in the United States.[10] While both programs co-existed in the 1950s, the H-2 program employed guest workers on a much smaller scale, allowing the program to escape some of the criticism leveled at the Bracero Program.[1]
The H-2 program is a nonimmigrant visa given on a temporary basis for "
H-2A vs. H-2B
The H-2A program is a program that enables farm owners to apply to the Department of Labor (DOL) to bring in "low-skilled laborers" for agricultural work.[13] In contrast, the H-2B program is for all non-agricultural work.[14] In both cases, this work must be temporary; however, to qualify for the H2-A program, the work must also be seasonal. The visa that is acquired by the worker is good for, at most, one year.[15] However, it is possible to renew the visa for up to three years total.[10]
Qualification/application
To qualify for the application in both programs, there are two essential components that must be fulfilled by the employer. After the following two qualifications are met, an employer is able to apply to the program for workers.[14][15]
- There must not be enough "able, willing, and qualified U.S. workers" for the position.
- The employment of nonimmigrants "will not adversely affect the wages and working conditions of similarly employed U.S. workers."
Failed legislative attempts at reform
Most guest worker legislation introduced during the
On January 7, 2004, President Bush reaffirmed his desire for guest worker program reform and laid forth plans for its implementation, known as the ‘Fair and Secure Immigration Reform’ program.[16][18] According to the White House Press Secretary, this program laid out five specific policy goals:[19][20][21]
- Protecting the homeland by protecting our borders: the program should include efforts to control the United States border through agreements with participating countries.
- Serve America's economy by matching a willing worker with a willing employer: the program should efficiently connect prospective workers with employers in the same sector.
- Promoting compassion: the program should provide a temporary worker card to undocumented workers that allows them re-entry into the United States during their three years.
- Providing incentives to return to home country: the program should require workers to return to their home countries after their work period has ended.
- Protecting the rights of legal immigrants: the program should not be connected with obtaining a green card.
The program also contains specific agenda items for reformation of the guest worker programs already in effect:[20]
- Employers must make every reasonable effort to fill a position with American workers first.
- Enforcement against companies hiring illegal immigrants will increase.
- The United States will work with other countries to have guest workers included in their home country's retirement plans.
- Those in the program can apply for citizenship, but will not be given any preference and will enter at the end of the line.
- A reasonable increase in the number of legal immigrants into the United States.
The proposed program did not include a permanent legalization mechanism for guest workers. Bill S.2611, passed by the Senate in May 2006, included provisions for a guest worker program following the general guidelines of President Bush's proposed plan.[22] No further action on the bill, however, was taken by the House, allowing to the bill to be defeated.[22]
The Comprehensive Immigration Reform Act of 2007 was introduced by Senator Harry Reid (D- NV). It would have created a new visa class for temporary workers, allowing them to stay in the country for two years. It failed to pass; some attribute the bill's defeat to an approved amendment which would have ended the program after five years, leading to the loss of support for the bill in the business community.[23][24]
Border Security, Economic Opportunity, and Immigration Modernization Act, 2013
Following the 2012 presidential election in the United States, President Obama restated his desire for
Representatives of business and labor have negotiated the terms of a guest worker program for the current attempt at a comprehensive immigration bill.
- American workers should have first priority for available jobs.
- American firms should be able to hire foreign workers "without having to go through a cumbersome and inefficient process."
- The system should be made more transparent and accurate by creating a "professional bureau" to report on labor needs in the United States.[29][30]
After continuing talks, it was unofficially announced at the end of March that labor and business groups had come to an agreement regarding the conditions for a guest worker program.[31] The legislation was introduced to the Senate on April 17, 2013, by Senator Chuck Schumer as the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013.
W-visa
The proposed Act would create a new class of W-visas for lower-skilled temporary workers, as well as a new agency, the Bureau of Immigration and Labor Market Research (BILMR), to set annual caps on visas and monitor the program. The W-visa allows foreign workers to enter the United States to work for a "registered employer" in a "registered position." A registered employer must pay a fee to the Bureau and submit documentation to prove its legal status. An employer cannot be registered if it has been found in violation of minimum wage or overtime law, or has been cited for violation of
The wage paid to W-visa holders must be the wage paid to other employees holding similar positions or the prevailing wage for that position in the area, whichever is higher.
Consistent with the joint statement released by the AFL–CIO and the Chamber of Commerce, W-visa holders cannot be hired if there are US workers ready and willing to take the position. They also cannot be hired to take the place of US workers who are striking or otherwise involved in a labor dispute, or if unemployment is higher than 8.5% in the local area.[32]
W-visa holders will be entitled to the same labor rights as a US worker employed in a similar position would be. They can also not be treated as independent contractors. Additionally, they are entitled to protections against intimidation, threat, harassment and any other type of discrimination that may result from the W-visa holder alleging violations of the terms of employment or cooperating in an investigation of such violations by the employer. They will also not be required to remain with the same employer for their entire stay, but they must leave the country if unemployed for more than 60 consecutive days.[32]
W-visas will allow foreigners to enter the country for three years to work and to renew it once for an additional three years. They may bring a spouse and children who are minors with them.
Support
The proposed guest worker program is supported by several groups, including the
Benefits for workers
Many scholars cite the economic gain to
U.S. economy
Proponents have argued that a guest worker program is necessary for U.S. employers to make up for
Mexican economy
Scholars suggest that a guest worker program also has the potential to be beneficial for labor-supplying countries by reducing
Criticism
There is a consensus among legal experts that America's guest worker programs have had unintended negative consequences.
Civil rights
Proponents of guest worker programs assert that a lack of government regulation, which gave American growers more influence over the recruitment and employment of guest workers,
Illegal immigration
America's guest worker programs have been criticized for not properly addressing the issue of lingering immigrants. Experts suggest that the relocation of recruitment sites from populated cities to less populated areas encourages migrants to enter the U.S. illegally if they were turned away at the recruitment office to make up for the economic cost of travel.[48] This practice may further depress wages and complicate the recruitment process by increasing illegal immigration.[48] To mitigate inherent wage decreases, America's current guest worker program establishes a price floor for registered guest worker wages.[46] Experts are skeptical of this approach, as it may discourage the use of legal guest workers, leading growers to employ cheaper, undocumented laborers.[40]
Effectiveness
The effectiveness of guest worker programs has been a source of disagreement among scholars. Accounts from agricultural employers purport that most employers do not use the program to recruit workers.
The success of the current migrant worker system has yet to be completely evaluated.[40] Those who have attempted to calculate and predict the success of guest worker programs have found the process to be very speculative. In an analysis of the United States' guest worker program, legal expert Aili Palmunen wrote, "it is difficult if not impossible to give a concrete estimate of who will participate in this program."[40]
Outside the United States
Countries outside of the
The Canadian
In 1990,
In response to wartime physical and capital losses, West Germany imported guest workers after the end of World War II to speed up the postwar reconstruction process. The Federal Labor Office recruited low and semi-skilled workers from Mediterranean countries; the initial bilateral agreement was with Italy, the program expanded to include Greece, Turkey, Morocco, Portugal, Tunisia and Yugoslavia.[62] Workers were required to obtain a residence permit and a labor permit, which were granted for restricted time periods and valid only for certain industries.[62] Of the countries providing labor, recruits from Turkey accounted for the largest portion; approximately 750,000 Turks entered the country between 1961 and 1972.[63] The program came to an end in 1973.[35]
See also
References
- ^ a b c d Levine, Linda. United States. Congressional Research Service. The Effects on U.S. Farmworkers of an Agricultural Guest Worker Program. 111 Cong. Cong. Rept. N.p.: n.p., n.d. LexisNexis Academic. Web. 22 Mar. 2000.
- ^ Griffith, Kati L. "U.S. Migrant Worker Law: The Interstices of Immigration Law and Labor and Employment Law." Comparative Labor Law & Policy 31.125 (2009): 125-62. Google Scholar. Web. 18 Apr. 2013.
- ^ a b c d e f g h i Morgan, Kristi L. Evaluating Guest Worker Programs in the U.S., 2004
- ^ a b c Martin, Philip L. & Teitelbaum, Michael S. The Mirage of Mexican Guest Workers. Foreign Affairs, 2001
- ^ a b c Congressional Digest Worker Program Overview., 2005
- ^ a b c d United States. Cong. Senate. Committee on the Judiciary. Temporary Worker Programs: Background and Issues. By Joyce Vialet. 96 Cong., 2 sess. S. Rept. Washington: GPO, 1980. Proquest. Web. 22 Mar. 2013.
- ^ Kanstroom, Daniel, and Stephanie M. Garfield. "Guest Workers." Anti-Immigration in the United States: A Historical Encyclopedia. Ed. Kathleen R. Arnold. Vol. 1. Santa Barbara, CA: Greenwood, 2011. 234-237. Gale Virtual Reference Library. Web. 21 Feb. 2013
- .
- ^ Fund, John. "Cross Country: Bring Back the Braceros." The Wall Street Journal[New York] 27 July 2006, A.13 sec.: n. pag. ProQuest. Web. 22 Mar. 2013. "Bracero Jose Delgado noted that in Mexico 'life was very difficult…You could make between four to five pesos working from dusk until dawn. Coming here and making 72 cents an hour, that was a big difference.'"
- ^ a b c Guest Worker Program Overview." Congressional Digest 84.6 (2005): 164-192. Academic Search Premier. Web. 21 Feb. 2013
- ^ a b "Evolution Of U.S. Immigration Policy." Congressional Digest 62.8/9 (1983): 196. Academic Search Premier. Web. 26 Mar. 2013.
- ^ Orrenius, Pia M., and Madeline Zavodny. "The Economic Consequences Of Amnesty For Unauthorized Immigrants." CATO Journal 32.1 (2012): 85-106. Academic Search Premier. Web. 26 Mar. 2013.
- ^ United States. Department of Labor. H-2A Temporary Agricultural Program. N.p., n.d. Web. 26 Mar. 2013.
- ^ a b United States. Department of Labor. H-2B Certification. N.p., n.d. Web. 26 Mar. 2013.
- ^ a b United States. Department of Labor. H-2A Certification. N.p., n.d. Web. 26 Mar. 2013.
- ^ a b c United States. Cong. Immigration: Policy Considerations Related to Guest Worker Programs. By Andorra Bruno. 109th Cong. Cong. Rept. N.p.: n.p., 2006.
- ^ Bosworth, Camille J. "Guest Worker Policy: A Critical Analysis of President Bush's Proposed Reform." Hastings Law Journal 56 (2004): 1095-120. Google Scholar. Web. 18 Apr. 2013.
- ^ Lichenstein, Merav. "An Examination of Guest Worker Immigration Reform Policies in the United States." Cardozo Public Law, Policy, and Ethics Journal 689 (2006): 689-728. Web. 18 Apr. 2013.
- ^ Palmunen, Aili (2005). "Learning From The Mistakes Of The Past: An Analysis Of Past And Current Temporary Workers Policies And Their Implications For A Twenty-First Century Guest-Worker Program". Kennedy School Review. 6: 47–57.
- ^ a b "Fact Sheet: Fair and Secure Immigration Reform." January 7, 2004. White House Office of the Press Secretary. Web.
- ^ Bush, George W. "Immigration Reform." Vital Speeches Of The Day 72.16/17 (2006): 466-468. Academic Search Premier. Web. 21 Apr. 2013.
- ^ a b Harper, Tiffany, No Movement on the Border: Why Immigration Reform Fell Short Under Bush (February 1, 2011). Western Political Science Association 2011 Annual Meeting Paper . Available at SSRN: http://ssrn.com/abstract=1766720
- ^ "Immigration bill agreement 'very close'; Guest workers still a hurdle for businesses, labor leaders." The Washington Times. (March 28, 2013 Thursday ): 1028 words. LexisNexis Academic. Web. Date Accessed: 2013/04/21.
- ^ Nakamura, Rosalind S. "House, Senate crafting immigration bills." The Washington Post. (March 16, 2013 Saturday ): 981 words. LexisNexis Academic. Web. Date Accessed: 2013/04/21.
- National Archives.
- ^ "Immigration reform: 'This will be the year,' bipartisan Senate 'gang' says; The politics of immigration reform have 'turned upside down' to make the Senate plan possible. It proposes a long path to citizenship, but only after the US border is deemed to be secure.." The Christian Science Monitor. (January 28, 2013 Monday ): 1424 words. LexisNexis Academic. Web. Date Accessed: 2013/04/19.
- ^ a b Weiner, Rachel. "Immigration's Gang of 8: Who are they?". The Washington Post. Retrieved 26 March 2013.
- ^ "A new alliance for immigration reform; Labor unions team up with businesses to push for overhaul of U.S. laws." The International Herald Tribune. (February 9, 2013 Saturday ): 1029 words. LexisNexis Academic. Web. Date Accessed: 2013/04/19.
- ^ "Joint Statement of Shared Principles by U.S. Chamber of Commerce President and CEO Thomas J. Donohue & AFL-CIO President Richard Trumka". Retrieved 26 March 2013.
- ^ Nakamura, David. "Progress on a deal for guest workers." The Washington Post. (February 22, 2013 Friday ): 445 words. LexisNexis Academic. Web. Date Accessed: 2013/04/19.
- ^ Nakamura, David. "A path clears for immigration bill." The Washington Post. (March 31, 2013 Sunday ): 1072 words. LexisNexis Academic. Web. Date Accessed: 2013/04/19.
- ^ a b c d e f "Border Security, Economic Opportunity, and Immigration Modernization Act of 2013" (PDF). Retrieved 19 April 2013.
- ^ Bennett, Brian (22 March 2013). "Senators' immigration talks stall". Los Angeles Times. Retrieved 26 March 2013.
- ^ Nakamura, David (15 March 2013). "Chamber, labor unions at odds over guest worker program". The Washington Post. Archived from the original on 30 July 2013. Retrieved 26 March 2013.
- ^ a b Parker, Ashley and Greenhouse, Steven. "Labor and Business Reach Deal on Immigration Issue", The New York Times, March 30, 2013.
- ^ "Immigration panelists call for guest worker plan" Archived 2016-06-30 at the Wayback Machine, Business Journal March 5, 2013
- ^ Testimony Transcript Benjamin, Fred. Mar 14, 2013.
- ^ Testimony Transcript Musser III, R. Daniel. Mar 14, 2013.
- ^ a b c d e Martin, Philip & Ruhs, Martin. Numbers vs. Rights: Trade-Offs and Guest Worker Programs. Center for Migration Studies of New York, 2008.
- ^ a b c d e f g h i j k l Palmunen, Aili. Learning from the Mistakes of the Past. Harvard Kennedy School Review, 2005.
- ^ Jamieson, Dave. Immigration Reform: Guest Worker Program Considered As Part Of Deal Huffington Post, Jan 2013.
- ^ Davis, Julie Hirschfeld Unions, Business Reach Accord on Guest-Worker Visa Needs Bloomberg, Feb 2013.
- ^ a b "North Carolina Growers Association". Archived from the original on 2013-04-17. Retrieved 2013-04-22.
- ^ a b Palmunen, Aili. "Learning From The Mistakes Of The Past: An Analysis Of Past And Current Temporary Workers Policies And Their Implications For A Twenty-First Century Guest-Worker Program". Academic Search Premier, Ipswich, MA.
- ^ a b Bruno, Andorra. "Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues" (PDF). Congressional Research Service.
- ^ a b c Meissner, Doris (March 2004). "US Temporary Worker Programs: Lessons Learned". Migration Policy Institute.
- ^ "Guestworker programs". Farmworker Justice.
- ^ a b c d e Chien, Marsha. "When Two Laws are Better than One: Protecting the Rights of Migrant Workers". Berkeley Journal of International Law.
- ^ "Immigration reform: The portable guest worker visa solution". 2013-01-29.
- ^ "Guest Workers as Bellwether".
- ^ "Close to Slavery: Guestworker Programs in the United States". Southern Poverty Law Center.
- ^ a b Semuels, Alana (30 March 2013). "U.S. farmers, guest workers pay a price to stay legal". Los Angeles Times.
- ^ a b Klipa, Jessica. "New guest worker rules yet to be tested". Florida Farmers Inc. Archived from the original on 2015-04-02. Retrieved 2013-04-28.
- ^ Howley, Kerry. "Guests in the Machine." Reason 39.8 (2008): 20-33. Ebsco. Web. 9 Apr. 2013.
- ^ a b Sharma, Nandita. Home Economics: Nationalism and the Making of 'Migrant Workers' in Canada. Toronto: University of Toronto Press, 2006
- ^ Basok, Tanya. "He Came, He Saw, He...Stayed. Guest Worker Programmes and the Issue of Non-Return." International Migration 38.2 (2000): n. pag. EBSCO. Web. 26 Mar. 2013.
- ^ a b Tierney, Robert. "The Guest Labor System in Taiwan." Critical Asian Studies 39.2 (2007): 205-28. EBSCO. Web. 26 Mar. 2013.
- ^ Hansen, Niles. "Europe's Guest Worker Policies and Mexicans in the United States."Growth and Change 10.2 (1979): 2-8. EBSCO. Web. 9 Apr. 2013
- ^ Reed, Herbert, comp. "Foreign Workers in Eastern Europe." Report on Eastern Europe 27 (1990): 48-59. Web. 11 Apr. 2013.
- ^ Martin, Philip. "Managing Labor Migration: Temporary Worker Programmes For the 21st Century." Proc. of International Symposium On International Migration and Development, United Nations Secretariat, Turin, Italy. Turin: n.p., 2006. 1-42. Web. 11 Apr. 2013.
- ^ .
- ^ a b Castles, Stephen. "The Guest-Worker in Western Europe - An Obituary." International Migration Review 20.Temporary Worker Programs: Mechanisms, Conditions, Consequences (1986): 761-78.
- ^ Mekhennet, Souad (30 October 2011). "Turks Recall German Guest Worker Program". The New York Times.