Any links to non-federal websites on this page provide additional information that is consistent with the intended purpose of this federal site, but linking to such sites does not constitute an endorsement by the U.S. Department of Labor of the information or organization providing such information. For more information, please visit https://www.dol.gov/general/disclaim.
U.S. Department of Labor
- Worker.gov: Worker.gov is a one-stop resource center to help workers understand their rights and access resources at the Department of Labor.
- Occupational Safety and Health Administration (OSHA): OSHA ensures that there are safe and healthful conditions for workers. They set and enforce standards for working conditions and provide training, outreach, education, and assistance.
- To discuss a health and safety issue at work, contact OSHA toll-free at 1-800-321-6742 (OSHA) or by email, or contact your nearest OSHA office. Your information will be kept confidential.
- Wage and Hour Division (WHD): WHD enforces laws that cover federal minimum wage, overtime pay, recordkeeping, and child labor.
- Call the Wage and Hour Division's toll-free help line: 1-866-4-USWAGE (1-866-487-9243)
- Or submit a question/comment using their online form
- Find the contact information for the local WHD office closest to you
- Bureau of International Labor Affairs (ILAB): ILAB works to strengthen labor standards around the world and combat international child labor, forced labor, and human trafficking. For more information, visit DOL.gov/agencies/ilab.
- Women's Bureau: The Women's Bureau supports policies to protect the interests of working women, advocates for the equality and economic security of women and their families, and promotes quality work environments. For more information, visit DOL.gov/agencies/wb.
Other U.S. Government Agencies Relevant to Migrant Worker Labor Rights and Protections
- Equal Employment Opportunity Commission (EEOC): The EEOC enforces federal laws that make it illegal to discriminate against a job candidate or employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
- General information about the laws EEOC enforces and filing a charge: 1-800-669-4000, 1-800-669-6820 (TTY for Deaf/Hard of Hearing callers only), 1-844-234-5122 (ASL Video Phone for Deaf/Hard of Hearing callers only), or info@eeoc.gov
- Or look for the EEOC Field Office closest to you
- U.S. Embassies and Consulates in your home country
- Department of State
- Office to Monitor and Combat Trafficking in Persons
- Bureau of Consular Affairs: Rights and Protections for Temporary Workers
- "Know Your Rights" Wilberforce information pamphlet
- More information on rights and protection for temporary visitors
- Know Your Rights: Rights and Protections for Temporary Workers (English video)
- Department of Homeland Security (DHS)
- Department of Agriculture (USDA)
- Department of Health and Human Services (HHS)
- Department of Justice Immigrant and Employee Rights Section (IER): IER enforces the anti-discrimination provision of the Immigration and Nationality Act. This law prohibits citizenship status discrimination.
- Call the IER Worker Hotline at 1-800-255-7688 to ask for help about an employment issue or get more information about filing a charge.
- https://www.justice.gov/crt/immigrant-and-employee-rights-section
Other Resources Related to Migrant Worker Labor Rights and Protections
- Labor Mobility MOU
- On January 17, 2023, the U.S. and Mexican governments signed an agreement to strengthen protections for workers participating in temporary foreign worker programs. The two countries committed to increased transparency and coordination between the two countries. Protections in the agreement include enforcing working conditions, preventing discrimination, establishing fair recruitment processes, and providing access to quality temporary agricultural and non-agricultural employment. Both countries committed to improving tools to prevent worker rights investigations, holding employers accountable, and connecting harmed and exploited workers with assistance and care.
- Link to the MOU
- Workers Owed Wages (WOW)
- When the Wage and Hour Division (WHD) finds violations at workplaces, they often recover unpaid wages on behalf of employees. If you think you may be owed back wages collected by WHD, you can search their database of workers who have money waiting to be claimed. To receive your owed wages, 1) Find your employer, 2) Find yourself in the system, 3) Fill out your contact information, and 4) Upload a signed claim form.
- On March 13, 2023, the Department of Labor (DOL) and Mexico's Ministry of Labor and Social Welfare (STPS) launched the U.S.-Mexico Return of Migrant Wages Pilot Program. This program allows Mexico and the DOL to share information and coordinate efforts to return earned back wages collected by the Wage and Hour Division to Mexican migrant workers who were in the United States under the H-2A agricultural visa program. WHD shares information with STPS so they can identify workers who earned wages in the United States but have returned to Mexico.
- If you're a Mexican worker who traveled to the U.S. under the H-2A visa program and you believe you are owed back wages, call @STPS_mx at +52-55-3067-3028 or email them at recuperacionsalariosh2a@cloud.stps.gob.mx
- Guidance on Fair Recruitment Practices for Temporary Migrant Workers
- On June 10, 2022, the U.S. Agency for International Development (USAID), Department of Labor, and Department of State issued "Guidance on Fair Recruitment Practices for Temporary Migrant Workers" with guidelines on prevention of abuse of potential workers. The guidance is intended to increase regulation of the H-2A and H-2B worker recruitment programs, protect applicants from abuse, and safeguard workers' rights.
- U Visas and T Visas
- There are two special types of visas that can provide temporary immigration status if you are a victim of a certain crime. You could qualify for a U visa if you have suffered physical or mental abuse because of criminal activity and can provide information to law enforcement or government officials who are investigating the crime. You could qualify for a T visa if you are a victim of human trafficking and are willing to help law enforcement investigate the human trafficking crime.
- For more information, visit OSHA's webpage on U & T visa certifications. For more information, visit OSHA's webpage on U & T visa certifications or WHD's webpage on U & T visa certifications
- Labor and human trafficking
- If you are forced, lured or coerced into providing involuntary labor, services, or commercial sex, that is human trafficking.
- If you or someone you know is in an environment where labor or sex trafficking is suspected, call 911. You or someone you trust can also call the National Human Trafficking Hotline at 1-888-373-7888; text "BeFree" (233733); or LiveChat humantraffickinghotline.org. For more information on reporting human trafficking, you can visit the following sites
- Identifying and reporting labor trafficking – https://www.whistleblowers.gov/sites/default/files/publications/OSHA4205.pdf.
- See the Office to Monitor and Combat Trafficking in Persons and the State Department's Bureau of Consular Affairs Rights and Protections for Temporary Workers, including multilingual know your rights pamphlets and videos.
- Labor traffickers often target undocumented workers, temporary foreign workers, substance users, mental health sufferers, homeless or runaway youth, and individuals experiencing economic hardship.
- Signs of labor trafficking:
- uses force, fraud, promises, or psychological control
- forces you to work long hours or do unsafe work
- provides you with little or no pay, withholding paychecks
- threatens you or loved ones
- controls your mobility, housing, access to money, or who you can talk to
- keeps your ID or passport from you.
- Labor trafficking is more common in agricultural or farm work, construction, seafood, landscaping, hotels, restaurants, and domestic work.
- Signs of labor trafficking:
- Gender-based violence and harassment
- The Fostering Access, Rights, and Equity (FARE) Grant Program which helps women workers who are paid low wages learn about and access their employment rights and benefits. The 2023 FARE grant program recipients will undertake projects to assist marginalized and underserved women workers who have been impacted by gender-based violence and harassment (GBVH) in the world of work by building awareness, connecting women to federal and state workplace rights and benefits, and implementing worker and survivor-driven strategies to shift workplace norms.
- The Women's Bureau of the Department of Labor collaborates with the International Labour Organization's Office for the United States and Canada to participate in a series of roundtables to explore how collaboration and strategy can help eliminate GBVH in the United States. The series, Uniting to End GBVH in the World of Work, emphasizes the meaningful and lasting change we can make in our communities when governments, workers, unions, employers, and advocates act in tandem. The most recent roundtable featured worker-led education and awareness efforts to make our world of work safer for all workers by enacting culture change, addressing structural risk factors, and centering worker voices in solutions.
- USCIS case status inquiry page: Workers who have a receipt number for an H-2 petition may check information on petition status on the USCIS website, to confirm the validity of their H-2 petition or check on the processing of an extension or change request.