Learning Lab

Misuse of Underregulated Visa Categories in Animal Agriculture

Citing labor shortages and costs associated with H-2A visas, pork producers, dairies, and other actors in the animal agriculture industry are increasingly turning to TN and J-1 visas to fill a wide range of vacancies in their production. While these programs are ostensibly limited to certain categories of professional work and cultural exchange, respectively, advocates across the country are hearing from TN and J-1 workers who are required to perform manual labor outside of the professional role promised and with no cultural exchange value. In contrast to the H-2A program, there is little government oversight of J-1 and TN programs--and the animal agriculture industry is actively lobbying for what little oversight exists to be further degraded. This panel will provide participants with an overview of this emerging trend and tools to analyze its impact in their communities, such as suggested intake questions for TN and J-1 workers in animal agriculture. It will also discuss the legal issues that arise when workers are recruited for J-1 and TN visa qualifying work but assigned tasks traditionally carried out by H-2A and H-2B workers, including labor trafficking, fraud/RICO claims, AEWR and prevailing wage violations, OSH Act and Food Safety Modernization Act violations, and discrimination. Participants will be invited to share their observations about the use and misuse of TN and J-1 visas in animal agriculture in their own communities, and to exchange best practices for responding to the abuses it can present.

  • Upon completion, participants will have an understanding of emerging trends related to the use of TN and J-1 visas in animal agriculture and the legal issues posed by this trend.
  • Upon completion, participants will be equipped to monitor the use of TN and J-1 visas in animal agriculture in their own communities.
  • Upon completion, participants will have developed tools to effectively evaluate the legal claims of TN and J-1 workers in animal agriculture.

Shane Ross, JD

Deputy Advocacy Director

Centro de los Derechos del Migrante

Shane Crary Ross has been CDM’s Deputy Advocacy Director since September 2023. Before joining CDM, Shane was the Director of Investigations at the New York City Department of Consumer and Worker Protection’s Office of Labor Policy and Standards (OLPS), where she led a team charged with investigating and resolving violations of local worker protection laws. During her time at OLPS, Shane played a key role in the implementation of new just cause rights for fast food workers and protections for app-based delivery workers, and negotiated several six and seven-figure settlements for classes of workers impacted by fair scheduling and paid sick leave violations. Prior to OLPS, Shane worked at California Rural Legal Assistance, where she began her legal career as a Skadden Fellow and went on to manage a hotline serving workers impacted by COVID-19. Shane holds a J.D. from Berkeley Law, and is licensed to practice law in California and New York.

Henna Kaur, JD

Legal Fellow/Attorney

Centro de los Derechos del Migrante

Henna is a 2023-2024 Justice Catalyst Fellow at CDM. Henna is a graduate of Berkeley Law and obtained their undergraduate degree from UC Berkeley as well. Prior to joining CDM, Henna was a staff attorney at Brooklyn Defender Services, where Henna defended detained immigrants facing deportation. Henna is admitted to practice in California.

Daniel Werner, Juris Doctorate

Partner/Attorney

Radford Scott, LLP

Dan Werner is a bilingual (Spanish/English) lawyer with 28 years’ experience advocating for workers and victims of egregious civil rights abuses. Dan began his career as an attorney representing farmworkers. He filed litigation, including several large class actions, against agricultural employers. His representation resulted in dozens of damages awards and settlements benefitting thousands of migrant workers in Florida and New York. He also represented immigrant clients in civil rights litigation, including a precedent-setting case the Third Circuit called “a paradigmatic case of racial profiling.” Dan went on to receive an Echoing Green Fellowship and co-founded the non-profit Workers’ Rights Law Center of New York. There, he continued to defend the labor and civil rights of exploited immigrant workers. Among his many ground-breaking cases, he successfully led the first-ever lawsuit for labor trafficking survivors under the TVPA. Through that case and others that followed, Dan developed important legal precedent and became a sought-after expert on civil litigation for trafficking survivors, publishing on the subject and lecturing in the United States and internationally. In 2008, Dan joined the Southern Poverty Law Center (SPLC) where he litigated workers’ rights and civil rights cases. For example, he helped spearhead a seven-year labor trafficking lawsuit against a Mississippi-based shipyard operator on behalf of hundreds of pipefitters and welders recruited from India to help repair Gulf Coast oil rigs damaged during hurricanes Katrina and Rita. The workers paid up to $25,000 for positions based on false promises of green cards. After a six-week jury trial, the first group of five plaintiffs was awarded $14 million in damages. Most recently, Dan pioneered and directed SPLC’s Southeast Immigrant Freedom Initiative, which provided high-quality representation to immigrants detained in the Deep South. In addition to his work for clients, Dan has extensive experience with international consulting and policy advocacy.

Amal Bouhabib, JD

Senior Staff Attorney

FarmSTAND

Amal Bouhabib is a Senior Staff Attorney at FarmSTAND, after nearly a decade representing farmworkers throughout the Deep South as an attorney, and later director of, Southern Migrant Legal Services located in Nashville, Tenn. At FarmSTAND, Amal continues to pursue cases that highlight and seek justice for the frontline food workers that feed us, and exploring news ways to create a humane, fair, and accessible food system for all communities.

Prior to her farmworker career, Amal was a litigator at an international law firm in New York, where she was part of the trial team that won a $14 million verdict on behalf of workers from India against a Mississippi corporation, the largest-ever jury verdict in a labor trafficking case. Before going to law school, Amal worked as a journalist in Beirut, Lebanon and as a legal assistant for the Brennan Center for Justice in New York. Amal earned her J.D. from Fordham University School of Law and holds a Master’s Degree in Journalism and Middle East Studies from New York University, and a B.A. in Theology from Georgetown University.

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