Federal OSHA announced Feb. 13 that it now has the authority to issue certain kinds of visas that will allow the agency to protect workers from retaliation regardless of their immigration status.
U Visas and T Visas typically allow victims of specific crimes:
- help law enforcement officials investigate and prosecute crimes without fear of retaliation based on their immigration status, and
- allows them to remain in the U.S. to assist authorities in combatting human trafficking and other crimes.
For the first time in its history, OSHA can now issue these visa certifications during workplace safety investigations when the agency identifies qualifying criminal activities, including:
- manslaughter
- trafficking
- extortion
- felonious assault
- forced labor, and
- obstruction of justice.
This new authority is effective March 30, 2023. It’s meant to strengthen the agency’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.”
“Expanding OSHA’s U and T visa certification authority helps the agency better fulfill its mission to make U.S. workplaces as safe and healthy as possible,” said Assistant Secretary for OSHA Doug Parker. “Workers in the U.S. need to feel empowered and able to trust OSHA and the U.S. Department of Labor enough to voice their concerns about workplace safety regardless of their immigration status and fears of retaliation.”