Migrant workers commonly suffer wage theft in silence because if they take action, they could lose their visa or be deported. Many only feel safe to initiate a claim for the wages they are owed once their employment, work permit and residence come to an end. However at that point, they are required to leave the country. Undocumented workers almost never raise labour violations for fear of detection and deportation. In general, it is extremely difficult for migrant workers to pursue a claim for unpaid wages once they leave their country of employment. As a result, abusive employers are never held to account, and the vast majority of migrant workers never recover the wages they are owed.
This Research and Policy Brief considers migration frameworks that would enable migrant workers to safely speak up, leave abusive employers without losing their visa, or temporarily remain in their country of employment at the end of their stay in order to recover the wages they are owed and hold abusive employers to account.
The Brief includes current examples of
visa portability for exploited migrant workers to bring claims and find a new sponsor,
short term visas with work rights to pursue wage claims at the end of a migrant worker’s stay,
deferral of removal (with work rights) for undocumented workers who pursue labour claims, and
visas for victims of trafficking and criminal wage theft and exploitation to pursue civil labour claims.
It is accompanied by a more detailed case study of recent advances in the United States which enable migrant workers, including undocumented workers, to remain in the country for up to two years with work rights in order to pursue unpaid wages and other labour claims.