Q: What are my rights as a worker when I am employed in the United States?

A: If you are going to the United States to work or study you have certain rights and protections. You will receive a pamphlet describing these, and who to contact should you feel you are being taken advantage of.

Many applicants seek the H2B visa which allows non-agricultural employment for a specified period of time. The protections you receive require that you be paid the minimum or prevailing wage for the kind of work you will be doing. In other words, an employer cannot pay you less money than a local worker would receive for the same type of work, and your working conditions must be the same as those experienced by local employees.

If your employment ends early for business reasons, and not for poor job performance or disciplinary reasons, your employer must provide you with transportation back to Jamaica. A very important fact to bear in mind is that you should never have to pay fees to a labour recruiter in Jamaica.

As the summer season approaches, many young Jamaicans take part in the Summer Work Travel programme. It is a great opportunity to live in the United States and to gain valuable work experience. Again, your pay and benefits must be on par with those received by your American co-workers. Your sponsor must also provide a complete and accurate description of your programme, travel and entry requirements into the United States, housing and living expenses, and health care. Your sponsor must be sure that you have health insurance, although the sponsor is not required to provide it. When working, you are entitled to the treatment that every other worker receives, regardless of where they are from.

Whether you have an employment or a summer work study visa, you are entitled to a safe and healthy workplace. You are entitled to be free of harassment of any kind, sexual or otherwise, regardless of your gender. And remember that help is available should you feel that you need it. The available offices, and contact information, are listed on the front page of the brochure that you will receive. During your interview, the consular officer will ask if you have received the brochure, and if you understand what it says. Don’t hesitate to ask for an explanation of any part you might find confusing. It is most important that you go to the United States well informed about your rights, and the safeguards in place to protect them. If you feel you have been victimised or exploited while working in accordance with your visa, the number to call in the United States is 1-888-428-7581. If you feel in immediate danger, always call 911.

The Embassy staff in Kingston will answer questions you may have regarding the US Mission, including consular law, regulations and/or practice. In order to respect privacy, staff will not answer questions about specific visa applications. The embassy employs a visa appointment system, so it is only necessary for visa applicants to arrive 15 minutes before their scheduled appointment.

Send your questions to: editorial@jamaicaobserver.com and we will send them to the embassy.