Instead of repeating the same full process every year to apply for the same temporary work visas, an employer with a good track record could use a “pre-clearance” program with fewer steps and faster processing. Today, employers resubmit the same company information with every petition — business size, structure, finances, and job categories — and the government re-verifies it each time. A trusted employer would provide those details once. Each individual worker’s petition would still be reviewed on its own merits.
The Case ForÂ
Supporters argue that a trusted employer program would place foreign workers more reliably and efficiently with sponsoring employers who, based on their track record, will treat them fairly. The program is sometimes called “TSA pre-check” for employers. It would let the most trustworthy employers bring in needed workers faster, without re-documenting the same company information year after year. The government would still review each worker. Supporters also maintain that the program gives employers a reason to keep their standards high, to earn or keep their trusted status. They say it would focus limited government vetting where it is needed most: on the least trustworthy employers.
The Case Against
Opponents contend that employers should not be rewarded for doing what they are already legally required to do. They argue that a record of compliance may not mean much because temporary foreign workers may be afraid to report labor violations for fear of losing their jobs. Opponents also point to the existing caps on H-1B and H-2B visas. If trusted employers can sponsor workers through a faster process, they may use up many of the available visas each year. That could leave few visas for other employers who would also qualify as compliant. Some opponents argue that employers may relax their compliance once they have achieved trusted status, and that the requirements to vet and re-vet them would not necessarily save government resources.