	Introduction

Preventing the domestic workforce from being undermined by the employment of foreign workers and protecting foreign workers from exploitation have shaped federal law governing the hiring and employment of foreign workers by U.S. employers. In the United States, there are three main sources of labor protections for foreign workers: (1) the conditions imposed on employers hiring foreign workers through the DOL labor certification/attestation and DHS petition process; (2) federal labor laws stipulating that employers adhere to certain requirements governing wages and other conditions; and (3) private causes of action that foreign workers may have under state and local laws regarding labor, contracts, and torts. With a view towards clarifying the framework for foreign workers protections under federal laws, this report will briefly survey current federal laws related to foreign workers' rights, including immigration-related labor conditions and federal labor laws. In addition, this report will take note of private causes of action that foreign workers may have under various state and local laws. Federal Immigration Laws

Protections for foreign workers are generally provided pursuant to the Immigration and Nationality Act (INA) and are strongest for nonimmigrant (i.e., temporary) workers in visa categories generally associated with lower-skilled occupations, such as H-2A agricultural workers and H-2B forestry/logging workers, since such workers are perceived as more vulnerable to exploitation and less likely to have sufficient resources to enforce their rights effectively. Employers who desire to hire foreign workers who are not already authorized to work in the United States, in either immigrant or nonimmigrant employment-based visa classes, must follow a two-step process. Responsible for administering and approving labor certification applications/attestations submitted by employers, the DOL generally has authority over non-compliance with labor certifications. Following the election, Sure-Tan asked the Immigration and Naturalization Service (INS), the precursor to the DHS immigration divisions, to investigate the immigration status of some of the employees who voted in the election. The Court revisited the issue of backpay awards in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board , a 2002 case involving the termination of undocumented workers who supported a union organizing campaign. Also, foreign guest workers have sued employers for claims under state laws regarding tort and breach of contract in addition to state labor laws paralleling federal laws on wages and other working conditions. Legislation in the 113th Congress

Legislation in the 113 th Congress would reform foreign guest worker visa categories to strengthen worker protections while increasing flexibility and responsiveness to employer needs.
One challenge of immigration law has been to balance the interests of the domestic workforce with employer interests in hiring foreign workers who are not already authorized to work in the United States while preventing the exploitation of foreign workers. There are three main sources of labor protections for foreign workers in the United States: (1) the conditions imposed on employers hiring foreign workers through the Department of Labor (DOL) labor certification/attestation and DHS petition process; (2) federal labor laws stipulating that employers adhere to certain requirements governing wages and other conditions; and (3) worker rights under state and local laws regarding labor, contracts, and torts.
Streamlining and easing certain labor and immigration requirements that are perceived as unnecessarily onerous and insufficiently flexible may benefit certain employers with immediate labor needs. On the other hand, stronger protections for foreign workers may not only guard those workers from exploitation and abuse but may also serve to protect the interests of the domestic workforce by reducing to some employers the attractiveness of hiring foreign workers who are not already authorized to work in the United States. Legislative proposals to reform employment-based visa programs in the current Congress reflect some of these tensions.
This report will discuss the DOL labor certification/attestation and Department of Homeland Security (DHS) petition process as well as aspects of the applicability of federal labor laws to foreign workers. It will also briefly address state and local laws regarding labor, contract, and torts that sometimes provide foreign workers with additional rights. Federal labor laws that apply regardless of immigration status, including those concerning health and safety and employment discrimination, as well as state occupational certification and licensing requirements are outside the scope of this report.
For a comprehensive look at employment-based immigration and related federal labor policies and programs, see CRS Report RL33977, Immigration of Foreign Workers: Labor Market Tests and Protections, by [author name scrubbed]; CRS Report RL32044, Immigration: Policy Considerations Related to Guest Worker Programs, by [author name scrubbed]; CRS Report R42434, Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues, by [author name scrubbed]; CRS Report R43161, Agricultural Guest Workers: Legislative Activity in the 113th Congress, by [author name scrubbed]; CRS Report RL34739, Temporary Farm Labor: The H-2A Program and the U.S. Department of Labor's Proposed Changes in the Adverse Effect Wage Rate (AEWR), by [author name scrubbed]; and CRS Report RS21186, Hoffman Plastic Compounds v. NLRB and Backpay Awards to Undocumented Aliens, by [author name scrubbed]. (pdf)