
Misuse of Underregulated Visa Categories in Animal Agriculture
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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

Henna Kaur, JD
Legal Fellow/Attorney
Centro de los Derechos del Migrante

Daniel Werner, Juris Doctorate
Partner/Attorney
Radford Scott, LLP

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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