If you are coming to the United States to work or study, we are confident that you will have a pleasant and rewarding stay. If you encounter any problems, however, know that you have rights and can get help. All temporary workers and employers must follow U.S. laws and we encourage you to report any violations or abuses and seek assistance.
Please call the National Human Trafficking Hotline at 1-888-373-7888 or visit humantraffickinghotline.org if you feel unsafe or are being mistreated.
The information on this page includes the number for the hotline and informs you of your rights as a nonimmigrant visa holder in certain employment- and education-based categories. The page also includes helpful tips for your stay in the United States, like how to keep a written record of all the time you work and keeping your travel documents in a safe place where you can always access them. The U.S. government provides this information at the prompting of the William Wilberforce Trafficking Victims Protection Reauthorization Act (Public Law 110-457), which reaffirms and strengthens the U.S. government’s commitment to fight human trafficking and labor abuses.
We are confident that you will have a rewarding stay in the United States. However, if bad situations happen, you have rights and you can get help!
IF YOU ARE MISTREATED, CONTACT THE
NATIONAL HUMAN TRAFFICKING HOTLINE AT
1-888-373-7888 (WITHIN THE U.S.), TEXT “HELP” TO 233733
(WITHIN THE U.S.) OR EMAIL NHTRC@POLARISPROJECT.ORG.
· TRAINED SPECIALISTS ARE ALWAYS AVAILABLE TO HELP IN MORE THAN 200 LANGUAGES. YOU DO NOT HAVE TO GIVE YOUR NAME OR IDENTIFY YOURSELF. LEARN MORE AT HUMANTRAFFICKINGHOTLINE.ORG.
If you are in immediate danger, call the police at 911 (within the U.S.). Tell them the emergency, your location and the phone number from which you are calling. Ask for an interpreter if you do not speak English. When the police arrive, you can show them this pamphlet and tell them about the abuse you have suffered.
If you receive an A-3, G-5, H, J, NATO-7, or B-1 domestic worker nonimmigrant visa, you should receive this pamphlet during your visa interview. A consular officer must verify that you have received, read, and understood the contents of this pamphlet before you receive a visa. If you have not, the consular officer should provide the pamphlet and discuss it with you. In addition, the consular officer should answer any questions you have about the information in the pamphlet.
If you believe that your rights have been violated, report it to a government agency, union, non-governmental organization, or other organization that can assist you. If you do not speak English, ask for an interpreter.
TIP: Bring this pamphlet with you to the United States for future reference.
TIP: Depending on your length of stay, you may be required to have health insurance while in the United States. You may also qualify for financial help to lower the cost of health insurance.
As a worker in the United States, you have a right to safe, healthy work conditions including:
TIP: Before leaving for the United States, get advice from migrant worker organizations or former migrant workers. They can give you names and numbers of persons or organizations you can contact if you have problems or questions when you are in the United States.
injuries or illnesses, your employer should provide free medical treatment and part of the wages lost while injured. You may have to file for workers’ compensation in the state where you work.
If you are working with or around pesticides or dangerous chemicals:
TIP: Legal advice from your employer, contractor, or recruiter may be biased. Seek advice from an independent attorney.
At a minimum, the contract must include the following provisions:
TIP: Your employer must pay you on time. It is a common practice in the United States for employees to be paid once every two weeks.
TIP: Before you travel, make two copies of all important documentation, especially your passport and U.S. visa, your employment contract, and any additional identity documents. Give one set of these copies to someone you trust in your home country, and take the other set with you.
A nonimmigrant visa is a U.S. government document that permits individuals who travel to the United States to request entry for a particular purpose, including to work, study, or participate in a cultural exchange program. You must apply for a visa at a U.S. embassy or consulate abroad. Once you obtain a nonimmigrant visa, you can travel to the United States and present it to a U.S. immigration official for admission. If your visa expires, you need to obtain a new visa before you reenter the United States.
When you are admitted to the United States, an immigration official will stamp your passport and mark it with the date of admission, class of admission and “admit until” date. You need to leave the United States before your I-94 “admit until” date to remain in legal status unless you file for an extension with the U.S. Citizenship and Immigration Services. You can check your I-94 records at https://i94.cbp.dhs.gov.
TIP: Once you arrive in the United States, keep your passport and other travel documents in a safe place where you can access them at all times. It is illegal for your employer to take your passport.
Victims of human trafficking are entitled to protections and services, and may be eligible for some public benefits. Human trafficking is a crime involving the exploitation of children for commercial sex, of adults for commercial sex through the use of force, fraud or coercion, and of any individual for compelled labor. Perpetrators of such exploitation, which can include labor traffickers, pimps and buyers of commercial sex, can be prosecuted under federal and state anti-trafficking laws. Labor traffickers and sex traffickers may be prosecuted criminally and may face civil liability as well. The following are some warning signs that may indicate human trafficking.
Traffickers, and people who help them, may use threats and other intimidating acts to make you or others feel too afraid to try to leave.
For example:
Traffickers, and people who help them, may demand that you perform labor, services or commercial sex acts (prostitution) to repay a debt. In some instances the debt is created and imposed by the trafficker. It is against the law to use a debt to compel you to continue providing labor, services or commercial sex acts, or to prevent you from leaving. Traffickers may manipulate your debt to make it harder to pay off and may cause you to believe that you must remain in the trafficker’s service until the debt is paid. Examples of manipulating debts include:
Traffickers, and people who help them, may use deception and lies. For example:
TIP: Keep a detailed record of any inappropriate comment and/or action your employer takes against you and write down the names and phone numbers of any witnesses.
There are programs to protect people who report abuse. You should not be afraid to seek help even if you have immigration concerns. You should consult with an immigration attorney who does not work for your employer.
If you believe you are a victim of human trafficking or of another serious crime, including rape or sexual assault, you may be eligible for a different nonimmigrant status, such as “T” (for trafficking victims) or “U” (for victims of trafficking or other serious crimes) nonimmigrant status or otherwise be permitted to remain temporarily in the United States. These nonimmigrant classifications were created to protect victims. Many people in the United States are unfamiliar with T or U nonimmigrant status and you may need to tell the people assisting you about them.
Trafficking victims in the United States may be eligible for benefits, services and immigration relief under federal or state programs. Many organizations can help you access these services, which include medical/dental care, mental health care, housing, legal help for immigration, and other legal needs, employment assistance, and public benefits.
TIP: It’s a good idea to keep a written record of all the time that you work. Get a notebook and write down all of the days and hours that you worked, how much you were paid, the dates you received a payment, any deductions taken from your paycheck, and the reasons for those deductions.
This pamphlet was created pursuant to section 202 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457.