New Woes For H-2A Visa Employers

Law360 (November 2, 2010, 1:43 PM EDT) -- The popular H-2A visa program for seasonal agricultural workers has received unfavorable attention during the economic downturn, as laid-off workers have scrambled for jobs. Increased governmental oversight of the H-2A visa program is not the only source of exposure facing employers. In a recent decision, Jimenez v. Servicios Agricolas Mex Inc., No 07-01492 (D. Az. Sept. 2010), the district court held that the plaintiffs, who were U.S. citizens, had the right to sue an employer because it hired foreign workers holding H-2A visas rather than hiring them....

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