As Jamaicans head to the United States this summer for work programmes, ensuring that both the employer and the worker are abiding by legal requirements is the best way to cultivate a successful programme.

Thousands of Jamaicans and people of other nationalities travel to the United States each year to participate in the H-visa programme. H-visas provide temporary work opportunities in the agriculture, hospitality, and health-care industries, among others.

The programme is fulfilling for both the worker and the employer — the employer can fill key positions, and the workers are able to earn an additional income, develop valuable skills, and experience living and working in another country. However, travelling to a new country alone, especially for the first time, can make workers vulnerable to fraud and exploitation.

Knowing your rights is essential to ensure that you know how to protect yourself if something goes wrong. Temporary workers in the United States are entitled to transparency in the recruitment and payment process.

Employers are required to share a written, signed contract and pay stubs — including information about all deductions — to their workers.

Workers should know their salary and know where all their money is going each pay period.

Additionally, employers are responsible for covering any recruitment or visa costs. If the potential employer or recruiter is charging a non-refundable fee or advising an applicant to submit an application or answer interview questions in an untruthful manner, those are red flags that the employment opportunity may be fraudulent.

Since January 1 this year, the US Embassy has implemented the Jamaica Temporary Worker Security Programme in conjunction with the Ministry of Labour and Social Security. In compliance with Jamaican law, applicants must disclose the recruiting agency they paid to obtain their work in the United States, if any. Failure to do so, or use of a recruiting agency that is not fully licensed by the ministry, will cause an application to be rejected.

Other responsibilities of the employer include providing the tools necessary to do the job — without charge — and reimbursement for initial travel to the job site and final trip home. For H-2A visa holders, housing, meals, and daily transportation are also covered. Most importantly, employers must never take your travel or identity documents while you are in the United States, even if they promise it is just for safe keeping. Workers must maintain possession of their own travel and identity documents, such as passport, driver’s licence, and national ID card at all times. Losing control of those documents makes workers more susceptible to trafficking.

Just like the employer has a responsibility to protect their workers, workers too have a responsibility to use their visa compliantly, report to work as contracted, and maintain honesty throughout the visa process.

If you have any questions about your rights as a temporary worker in the United States, or you believe your rights are being violated, visit dol.gov/agencies/whd.