Melissa Wood for BuzzFeed News
The H-2 guest worker program, which brought in 150,000 legal foreign workers last year, isn’t supposed to deprive any American of a job. But many businesses go to extraordinary lengths to deny jobs to U.S. workers so they can hire foreigners instead. A BuzzFeed News investigation.
MOULTRIE, Georgia — “All you black American people, fuck you all…just go to the office and pick up your check,” the supervisor at Hamilton Growers told workers during a mass layoff in June 2009.
The following season, according to a lawsuit filed by the Equal Employment Opportunity Commission, about 80 workers, many of them black, were simply told: “All you Americans are fired.”
Year after year, Hamilton Growers, which has supplied squash, cucumbers, and other produce to Wal-Mart and the Green Giant brand, hired scores of Americans, only to cast off many of them within weeks, according to the U.S. government. And time after time, the grower filled the jobs with foreign guest workers instead.
Although Hamilton Growers eventually agreed to pay half a million dollars to settle the suit, company officials said the allegations are baseless. Mass firings never happened, they said, nor did anyone use racially inflammatory language. But workers tell a different story.
“We want to go to work and work all day,” said Derrick Green, 32, a father of six who said he was fired by Hamilton Growers in 2012 after only three weeks picking squash. “But they don’t want that.”
Last year, thousands of American companies won permission to bring a total of more than 150,000 people into the country as legal guest workers for unskilled jobs, under a federal program that grants them temporary work permits known as H-2 visas. Officially, the guest workers were invited here to fill positions no Americans want: The program is notsupposed to deprive any American of a job, and before a company wins approval for a single H-2 visa, it must attest that it has already made every effort to hire domestically. Many companies abide by the law and make good-faith efforts to employ Americans.
Yet a BuzzFeed News investigation, based on Labor Department records, court filings, more than 100 interviews, inspector general reports, and analyses of state and federal data, has found that many businesses go to extraordinary lengths to skirt the law, deliberately denying jobs to American workers so they can hire foreign workers on H-2 visas instead.
A previous BuzzFeed News report found that many of those foreign workers suffer a nightmare of abuse, deprived of their fair pay, imprisoned, starved, beaten, sexually assaulted, or threatened with deportation if they dare complain.
At the same time, companies across the country in a variety of industries have made it all but impossible for U.S. workers to learn about job openings that they are supposed to be given first crack at. When workers do find out, they are discouraged from applying. And if, against all odds, Americans actually get hired, they often are treated worse and paid less than foreign workers doing the same job, in order to drive the Americans to quit. Sometimes, as the government alleged happened at Hamilton Growers, employers comply with regulations by hiring Americans only to fire them en masse and hand over the work to foreign workers with H-2 visas.
What’s more, companies often do this with the complicity of government officials, records show. State and federal authorities have allowed companies to violate the spirit — and often the letter — of the law with bogus recruitment efforts that are clearly designed to keep Americans off the payroll. And when regulators are alerted to potential problems, the response is often ineffectual.
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