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Important changes for temporary work and exchange visa applicant
Columns, News
January 8, 2025

Important changes for temporary work and exchange visa applicant

Each year, thousands of Jamaicans work on a temporary basis in the United States on H-2A (agricultural), H-2B (non-agricultural), J-1 (exchange visitors), and Q-1 (international cultural exchange visitors) visas. These travellers gain valuable overseas experience, earn salaries, and support both countries’ economies.

In addition to competitive compensation, temporary workers also benefit from robust US labour laws and workplace protections. US Government agencies work diligently to ensure that everyone’s rights are protected and that all violations are prosecuted to the fullest extent of the law.

Effective regulations and strong intergovernmental cooperation have maintained the security and reliability of the H2-A agricultural programme for workers and their US employers. However, the H-2B, J-1, and Q-1 visa classes have attracted bad faith and unregistered recruiters that have preyed upon applicants for these visas and collected millions of US dollars in illicit fees.

These bad-faith recruiters often find candidates through social media and communicate with applicants only through WhatsApp or other messaging services. Workers often find themselves directed to job locations and work that are different from that for which they applied. These workers are also often forced to pay their recruiters additional fees out of their wages in the United States. All of these activities can lead to labour trafficking and debt bondage of Jamaican workers to the detriment of the worker and to the security of the United States.

Jamaican Temporary Worker Safety Programme (JTWSP)

Starting January 1, 2025, US Embassy Kingston implemented a safety programme to further underscore the US Government’s enduring commitment to protecting Jamaican seasonal workers and the integrity of the visa issuance process.

All H-2B, J-1, and Q-1 applicants must include complete information about their recruiting agency in their electronic DS-160 applications. Recruiter information should be entered as the answer to the “Did anyone assist you in preparing your application?” question in the DS-160. Any application for the above visa classes that does not provide the required information will be suspended until the applicant provides the required information.

In its sole discretion, the embassy may make exceptions for those workers with sufficient recent temporary work travel to show they do not need an agent, or for those being petitioned directly by their US employer without using a recruiting agent.

Once an application with complete recruiter information is received, the embassy will check the named recruiter against the current lists of recruiters registered with Jamaica’s Ministry of Labour and Social Security (MLSS) https://mlss.gov.jm/departments/mployment-agency-unit and the US Department of Labor https://www.dol.gov/agencies/eta/foreign-labor/recruiter-list. Any application showing a recruiter not on these lists will be rejected and the applicant will need to reapply with a listed recruiter.

Acting as a recruiter for labour to work overseas without an active MLSS registration is a violation of Jamaica’s Employment Agencies Registration Act. Additionally, US visa applicants are required to disclose on the electronic application form, and/or during an interview with the consular officer at the embassy, the information for who assisted with completing the visa application.

Finding Employment

H2-As (agricultural workers): The Ministry of Labour and Social Security handles all H-2A recruitment directly. If you are interested in going to the United States on an H-2A agricultural visa, please contact the MLSS via e-mail at overseas.employment@mlss.gov.jm

H2-Bs (non-agricultural workers, such as to work in a restaurant, hotel, amusement park, etc):
The Ministry of Labour and Social Security pre-selects, prepares and dispatches Jamaican hospitality workers to the United States under the H2-B programme. Interested persons may submit resumes at the Family Services Unit, 1F North Street, Kingston or at any of the parish offices islandwide. Resumes can also be submitted through the Ministry’s Public Relations Unit via e-mail: prunit@mlss.gov.jm.

The Ministry maintains a list of approved local and overseas employment agencies readily accessible to the public at the link above. Applicants can contact the MLSS directly via WhatsApp hotline at (876) 553-5457 to confirm whether a recruiter is licensed. Jamaican workers should not work with or pay any recruiter for services until and unless the worker has verified that recruiter is actively registered.

Once you have selected an agency/recruiter, you should reach out to them to learn more about available positions, locations, and employer availability requirements. Most recruiters allow applicants to register online to be notified about US-based employment opportunities.
It is critical that you are honest when you fill out your visa application and during your interview with a consular officer at the US Embassy. Any wilful misrepresentation of a fact material to the consular officer’s decision constitutes a violation of US law. Committing fraud can render you permanently ineligible for a US visa.

Q&A
Q: Can I work with a recruiter who is not licensed by the MLSS?

A: Under the JTWSP, the embassy will not process the applications of anyone working with a recruiter that is not actively registered with MLSS and/or the US Department of Labor.

Q: A friend just completed one season with a US-based employer. The employer needs five more workers for next season. Can my friend just recommend me and four others?

A: The US Government does not require that foreigners work through a third party to secure a job offer in the United States. Rather, foreigners may work directly with US employers. However, working with a registered recruiter or directly with a US petitioner helps ensure compliance with US labour laws. Please note that some petitions may only be for returning workers; first-time H-2 applicants may not be eligible for every posted position. These requirements are set by the US Department of Homeland Security (DHS).

Q: What does the embassy’s Fraud Prevention Unit (FPU) do?

A: The Fraud Prevention Unit conducts outreach to applicants and recruiters and advises them of best practices when applying for a visa. They investigate allegations of fraud or abuse (by recruiters, applicants, US petitioners and end-clients), liaise with foreign and US law enforcement to prosecute visa fraud, and conduct periodic reviews to ensure compliance and protect the integrity of the application process. If you suspect visa fraud, you can file an anonymous and confidential report by contacting KingstonFPU@state.gov.

Tags:

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