Trusted Employer Program
Under this proposal, the path for sponsoring foreign workers would be streamlined for repeat employers who have already demonstrated strong records of compliance with immigration and labor law. Many employers in certain industries rely on regular, long-term access to foreign labor due to persistent US worker shortages. With this proposal, instead of repeating the same full process every year, employers with a positive track record could use a “pre-clearance” program that requires fewer steps and less information and enables more expedited processing.
The Case For
Supporters argue that a trusted employer would more reliably and efficiently place foreign workers where they would do the most good for the country and be treated most fairly. Removing unnecessarily burdensome requirements on employers with excellent track records of compliance with immigration law and labor standards will allow the employers we should most trust with foreign workers to more readily bring them in. They argue that a trusted employer program incentivizes employers to maintain their high standards to retain their designation or to improve their records to qualify for it. They also observe that it would focus limited government vetting and oversight resources on the least trustworthy employers, where they’re needed most.
The Case Against
Opponents contend that employers should not be rewarded for what they are already required to do. They observe that what appears to be a record of compliance may not be trustworthy, as temporary foreign workers may be afraid to report workplace labor violations for fear of losing their jobs. Opponents also point out that with the existing caps on H-1B and H-2B visas, allowing certain employers to undergo a streamlined process for sponsoring workers could mean that those employers use up many of the available visas each year, leaving few for employers that might not have used the program before but would be compliant if they received a visa.