OSHA Authorized to Certify Special Visa Applications During Inspections
On Feb. 13, 2023, the OSHA received the authority by memorandum to issue certification in support of applications for U nonimmigrant status and T nonimmigrant status visas. OSHA’s new authority becomes effective March 30, 2023.
This new authority strengthens OSHA’s ability to protect all workers, including those whose immigration status or other social and cultural inequities discourage them from sharing information with investigators or reporting workplace safety and health issues. The authority also provides OSHA with a critical tool for protecting immigrant and migrant worker communities regardless of their lack of immigration status or temporary employment authorization.
This memorandum complements the U.S. Department of Homeland Security’s January announcement that foreign workers can now access a “streamlined and expedited” deferred action request process if they have been the victims of labor and employment violations.
U and T Visas Overview
“U Visas” and “T Visas” allow victims of specific crimes to help law enforcement detect, investigate and prosecute crimes without fear of retaliation based on their immigration status. These visas provide immigration status to noncitizen victims and allow them to remain in the United States to assist authorities in combatting human trafficking and other crimes.
New OSHA Authority
Expanding OSHA’s authority to certify special U and T visa applications will help encourage worker participation in the agency’s fulfillment of its mission to improve workplace safety and health. Beginning in March, OSHA will be able to issue these visa certifications during workplace safety investigations when it identifies qualifying criminal activities, including manslaughter, trafficking, extortion, felonious assault, forced labor and obstruction of justice.
This initiative also aligns with OSHA’s Diversity, Equity, Inclusion and Accessibility plan and the Biden-Harris administration’s effort to advance racial equity and support for underserved communities across the federal government and improve job quality nationwide.
Employers’ Next Steps
This memorandum does not impose any new requirements or obligations on employers at this time. However, they should become familiar with the content of the document and evaluate how this development may affect their workforce during an OHSA investigation.
This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2023 Zywave, Inc. All rights reserved.