Close Menu
FarAwayJobs
    What's Hot
    Study Abroad

    3 Places to Study Abroad in Latin America this Spring 

    Productivity

    Fundamental Tips for a Successful Remote Hiring Process

    Study Abroad

    OPINION: Why you should study abroad in Edinburgh, Scotland

    Important Pages:
    • Free AI Resume
    • About Us
    • Contact us
    • Privacy Policy
    • Terms & Conditions
    • Free AI Resume
    • About Us
    • Contact us
    • Privacy Policy
    • Terms & Conditions
    FarAwayJobs
    Free AI Resume Builder
    • Remote Work

      12 Examples of Good Linkedin Posts (That Generated Leads!) – RevenueZen

      Why Air Quality is Important

      The Generative Engine Optimization Blueprint: SEO in the Age of AI

      The Remote Work Top 10: Essentials Worth Buying

      Topical Authority Guide + Free Tool [2025]

    • Remote Teams

      9 Remote 9 Interview Questions Every Interviewer Should Ask

      7 Ways to Build a Resilient Remote Team

      7 Reasons to Plan a Virtual Team Retreat

      7 Signs a Candidate Is a Good Fit for Your Team

      Top Recruiting Tips for Remote Companies

    • Management

      Report: 80% Say Salary Isn’t Keeping Up With Inflation

      Synchronous and Asynchronous Communication for Remote Teams| Remote.co

      Getting to Know Your Virtual Team: 10 Strategies

      10 Tips to Succeed as a Fully Remote Company

      How to Hire Contractors for Your Remote Team

    • Business

      Remote Work Predictions for 2018

      Remote Work: More Than a Perk for Pros with Chronic Conditions

      10 Tips for Running a Remote Business

      Starting a Company? Why You Should Go Remote

      How Remote Work Leads to More Loyal Employees

    • Offshoring

      7 ways an accounts payable BPO can benefit your company

      The complete guide to hiring a virtual phone assistant

      What is an IVR call center? (workflows, benefits, tools)

      The 2024 guide to omnichannel contact centers

      24 virtual assistant websites to find skilled VAs in 2024

    • Productivity

      11 types of AI productivity tools for teams

      How to use Google Sheets time tracking (pros, cons, tools)

      Are your meetings helping or hurting work?

      How to measure what really matters

      The role of AI in performance management: Lead with trust

    • Abroad

      Can You Intern Abroad in Latin America?

      Taylor’s Spring Semester in Athens

      These 6 College Students Did a Study Abroad Program in Spain

      Top Places to Study Abroad in Central and Eastern Europe

      Study Abroad vs. Exchange Program: What’s the Difference?

    • Job Search

      Job Hopping: Benefits And Disadvantages

      Remote Job Search Tips from Deb Haas

      Andrew Gobran (Doist) on Career Values and Remote Job Search Strategy

      24 Remote Jobs for Pregnant Women To Work-From-Home

      Make Your Remote Job Application Stand Out in 2025

    • Job Board
    FarAwayJobs
    Home » Lawsuits Reveal Labor Abuses Faced by Some Migrant Workers on TN Visas
    Job Board

    Lawsuits Reveal Labor Abuses Faced by Some Migrant Workers on TN Visas

    Facebook Twitter Pinterest WhatsApp
    Lawsuits Reveal Labor Abuses Faced by Some Migrant Workers on TN Visas
    Share
    Facebook Twitter LinkedIn Pinterest WhatsApp

    Written by Andrea Solis Canto, 2024 Legal Intern

    Allegations of mistreatment of high-skilled Mexican workers have sparked several important class action lawsuits against large automotive and logistics companies located in the United States. These companies are facing legal challenges for labor abuse, fraud, and exploitation through the TN visa program—a program that lacks oversight and has in some cases fostered predatory employment practices targeting high-skilled Mexican migrant workers.

    What is the TN visa program?

    The TN nonimmigrant classification was created under the former North American Free Trade Agreement (replaced by the U.S.-Mexico-Canada Free Trade Agreement) for Mexican and Canadian citizens to temporarily work in the U.S. in limited professional occupations. Workers must qualify for specific professions such as engineers, lawyers, and veterinarians and, with certain exceptions for Canadian citizens, have a prearranged job offer with a U.S. employer.

    The TN application process for Mexican citizens differs from the requirements for Canadian citizens. Mexican workers must apply for a TN visa at a U.S. consulate with proof of citizenship, an employment letter or contract from a future U.S. employer, and evidence of the education and credentials required for the job. If approved, the worker must present at a port of entry where a U.S. Customs and Border Protection (CBP) officer decides whether to admit the worker and for what time period, up to three years. Unlike several other temporary work visas, Mexican TN applicants interact only with two agencies: the Department of State and CBP. The Department of Labor (DOL) is not involved in the administration or regulation of the TN visa program.

    The DOL has a role in regulating and enforcing labor conditions and wages in the H-1B and H-2 visa programs. For an H-1B visa classification, a U.S. employer must receive a certified labor condition application (LCA) from the DOL, which the employer must submit to U.S. Citizenship and Immigration Services. The U.S. employer attests in the LCA that it will pay the required wage and maintain fair working conditions.

    Non-compliance can result in fines and other sanctions. The H-2A and H-2B visa programs require U.S. employers to obtain a temporary labor certification from the DOL, which grants the DOL oversight of employers’ compliance with provisions about wages, working conditions, and recruitment practices. Additionally, employers of H-1B workers must pay most fees related to obtaining the H-1B classification. Employers of H-2A and H-2B workers are required to pay or reimburse workers for any visa processing fees. In contrast, the TN visa program lacks DOL oversight, and there is no obligation for employers to pay any associated fees.

    Immigrants play an integral role in the U.S. economy as workers, taxpayers, and consumers. The TN category has allowed employers to address shortages of certain professionals in critical sectors like healthcare and agriculture by hiring highly skilled Mexican and Canadian workers, further supporting the U.S. economy.

    However, the TN visa program’s shortcomings in oversight, transparency, and protections have left some workers vulnerable to exploitation. Since 2010, the number of TN visas issued has steadily grown, reaching almost 35,000 in 2023. Despite the increase in TN visas, the program still lacks essential safeguards, leaving some migrant workers at risk of serious labor abuses and burdened with covering all related expenses, at times under false pretenses.

    What abuses have some migrant workers faced?

    In June 2024, Mexican TN workers filed a class action lawsuit in federal district court in Atlanta, Georgia, against logistics companies within the Hyundai Kia Automotive Group. The lawsuit alleges fraud, discrimination, breach of contract, racketeering, and wage violations. The suit claims that the plaintiffs “were exploited as part of an illegal scheme for cheap labor” in warehouses across the Southeast.

    According to the lawsuit, the companies used false promises of highly paid skilled engineering jobs to recruit the plaintiffs through the TN visa program. Upon their arrival in the U.S., the workers allege they were instead forced to work in warehouses and on automotive assembly lines, facing discrimination and wage violations. In addition to having to pay significant visa fees, travel expenses for consular processing and relocation to the U.S., the workers alleged they had to pay for overcrowded employer-provided housing and transportation.

    This is not the first instance of TN workers alleging abuse. In March 2022, a different class action lawsuit was filed in federal court against a labor recruiter who used the TN program to hire dozens of Mexican engineers, allegedly forcing them to perform manual assembly line labor in Alabama under horrendous conditions. This case was settled and dismissed in 2023.

    In October 2023, another class action lawsuit was filed by high-skilled Mexican workers in federal court in Georgia alleging they were lured to come to the U.S. through the TN visa program as engineers for an auto parts supplier for Kia and Hyundai. The workers claimed when they arrived in the U.S., they did not work as engineers but were instead forced to do manual assembly labor for long hours and lower pay than their American coworkers. The workers also claimed they were threatened by their employer if they raised concerns about the working conditions. On July 19, 2024, although the car parts manufacturers and recruiting agencies deny the workers’ allegations, the parties tentatively settled the case, subject to court approval, for $1.2 million.

    How can these issues be addressed?

    Centro de los Derechos del Migrante has brought attention to the labor violations faced by some migrant workers in the TN visa program. The organization has proposed numerous recommendations for reform, including greater transparency in the recruitment and hiring process, prohibiting recruitment and contract breach fees, developing regulations for employer vetting and certification, and granting workers more control over their visas.

    By abusing the program, unscrupulous employers not only exploit migrant workers but also undermine those employers who are committed to following the law, creating an unlevel playing field.

    The recent class action lawsuits aim to address labor abuses and injustices by holding U.S. employers accountable for violating immigration and labor laws and pursuing damages for the significant economic harm suffered by the plaintiffs. These lawsuits are also part of a larger effort to hold large corporations responsible for alleged violations committed by their contractors, recruiters, and other intermediaries. Together, these efforts represent a crucial step toward justice and accountability for vulnerable migrant workers.

    FILED UNDER: Abuse

    Source link

    Share. Facebook Twitter Pinterest LinkedIn WhatsApp

    Related Posts

    Job Board

    What Students & Employers Must Know

    Job Board

    H-1B Alternatives for 2026: Employer Filing Strategies

    Job Board

    TN Success Story: Three-Year Approval for a Chemical Engineer

    Job Board

    TN vs. H-1B in 2025

    Job Board

    U.S. Visa Denials Expanding to Chronic Health Conditions

    Job Board

    Move to the U.S. Without Marriage

    Job Board

    U.S. Citizenship & Naturalization: 2025 Eligibility Guide

    Job Board

    H-1B Fee Shock & 2026 Lottery Changes

    Leave A Reply Cancel Reply

    Stay In Touch
    • Facebook
    • Twitter
    • Instagram
    • Pinterest
    Study Abroad

    “Advocacy win” as US exchange programs funding slash avoided

    The FY25 House State Foreign, Operations and Related Programs funding bill saw amendments introduced by…

    10+ Great Work From Home Jobs That Don’t Require a Degree (2025)

    Foundations of Success: Expanding a Property Management Business into the US with an E-2 Visa

    Brianna’s Fall Semester in South Africa 

    Top Insights
    Study Abroad

    Nyasia’s Non-Profit Internship in Sydney, Australia

    Job Board

    How to send money to Serbia with less fees

    Study Abroad

    4 Students Awarded Gilman Scholarships to Study Abroad

    Job Board

    Texas Dream Act Survives—Because Texans Showed Up

    Study Abroad

    UNO’s Education Abroad Program Receives 2024 IDEAS Grant | News

    Most Popular
    Study Abroad

    Why Pay for an Unpaid Internship?

    Study Abroad

    Scholarships for Students Pursuing Careers in Business and Finance

    Study Abroad

    Whale Watching | News Services

    Categories
    • Business (61)
    • Job Board (316)
    • Job Search (62)
    • Management (55)
    • Offshoring (57)
    • Productivity (136)
    • Remote Teams (59)
    • Remote Work (281)
    • Study Abroad (1,998)
    Our Picks

    Synchronous and Asynchronous Communication for Remote Teams| Remote.co

    Management

    Jolie’s Semester Abroad in Budapest

    Study Abroad

    Study abroad program deadlines for fall and spring quarters due soon | News

    Study Abroad
    FarAwayJobs
    Facebook X (Twitter) Instagram Pinterest
    • Home
    • Job Board
    • About Us
    • Contact us
    • Privacy Policy
    • Terms & Conditions
    © 2025 FarAwayJobs.

    Type above and press Enter to search. Press Esc to cancel.