David Salmon | Do work-and-travel programmes exploit people?

In recent years, more and more Jamaicans have been lured to participate in the work-and-travel programme in the United States. While there is no doubt that it has yielded financial benefits for some, there is another more sinister aspect of the arrangement that must be highlighted. In several ways, this scheme is exploitative at best or a con at worst.

ECONOMICS OF EXPLOITATION

To understand the problems with the work-and-travel programme, we must accept the fact that its participants are simply doing jobs that Americans have rejected. Over the years, the truth of the programme has been protected by a bodyguard of lies. The jobs being offered is menial labour that is cloaked in the trappings of a “cultural exchange programme”.

COVID-19 laid bare the inadequacies of minimum wage employment in the US. In 2021, more than 47 million Americans voluntarily quit their jobs citing reasons such as low pay, limited opportunities for advancement and continued disrespect by management. Based on information from the US Chamber of Commerce, the sectors experiencing the greatest shortages include the wholesale and retail trade and the food sector.

Many of the jobs offered by career placement agencies are in these industries because like a good neighbour the immigrant is there. Instead of improving remuneration, US companies have relied on the time-tested strategy of using immigrants to plug the shortfall. Thus, Jamaicans who participate in the exchange visitor (J-visa) programme are merely compensating for the sharp decline in the number of Americans looking to return to their low-skilled jobs.

Some may argue that these students knew what they were signing up for. However, they must recognise that no rational human being will sign up to be exploited. The work-and-travel programme facilitates opportunities for companies to buy into the franchise of exploitation business as Jamaican career placement agencies are complicit in the practice of commercialising desperation.

For one, each student has to pay a placement fee of at least US$1,000 and in some instances as high as US$1,600. Then they have to pay US$160 for a J1 visa, followed by airfare, which ranges from US$200 to US$1,000. This does not include the return journey. Participants are also encouraged to carry pocket money before they undertake the trip.

Hence, a student has to find at least US$1,400 or J$210,000 even before they start working. Clearly, this scheme was not made for the poor in pocket. The only reason why the programme is even remotely lucrative is due to differences in the exchange rate.

For the programme to be worthwhile, a student has to recoup this cost and then earn enough to save. Even after you get to your destination, you have to contend with high costs of living, transportation costs, and God help you if you get sick.

After reviewing one of the contracts of a participant, I discovered that their insurance fees cover injuries sustained in a terrorist attack but not the flu. In the rare instance a terrorist attack occurs, you will only receive payments if your death or injury is reported within 48 hours!

Now, we have a curious example of Jamaicans organising to send other Jamaicans to a foreign country to work for menial wages since they have limited opportunities at home. This scheme is basically post-slavery apprenticeship for the 21st century.

NOT ALL STATES ARE EQUAL

Furthermore, this programme leaves Jamaicans exposed to some of the most harmful practices done by US companies. Many states, especially in the less enlightened parts of the country, allow arrangements that people would baulk at.

Virginia and New York are two states that illustrate the disparities in worker protections across the country. Research conducted by Oxfam into the best and worst states to work in 2020 revealed that Virginia ranked 37th out of 50 states overall. It placed 39th for its wage policies, 18th for worker protection and 44th for workers having the right to organise. This poor performance has serious consequences for immigrant labourers.

One participant had to sign a separate contract when she arrived that violated the terms of the agreement made with her career recruitment agency. After signing the document, she had no access to it. The state does not prohibit these dubious practices.

Moreover, instead of receiving the state’s minimum wage of US$12 per hour, the participant was paid US$15 to US$26 for each room that she cleaned. Each week as much as $400 was paid for accommodations, food and transportation, which were costs not covered in the US$1,600 placement fee. While the insurance she had to pay did not cover the chemical burns received on the job.

Given that her sponsor prevented her from seeing her contract, she was unable to determine what kind of protections and benefits she was entitled to. This ambiguous employment status ensures that participants are put in a disadvantaged position. The example only illustrates the injustice and unfairness that can be experienced by some who unfortunately have to depend on this programme.

By comparison, another student who worked in New York received US$14 for a set 40-hour workweek and was paid US$21 for each hour done overtime. He paid US$270 per month for rent and US$30 per week for food while his placement fee was US$1,300. It is not surprising that Oxfam identified New York as the third best state to work in 2020. It ranked sixth for wages, fourth for worker protection and first for the right to organise.

Nevertheless, harmful workplace practices still occurred. For instance, the participant worked a 15-hour shift, six days a week for three months. It is ironic that the pamphlet J1 visa holders receive states that they have a right to not be exploited when the programme in its current form is designed to allow companies to flout regulations and labour standards. Then again, as a cultural immersion initiative, the work-and-travel programme does an excellent job as it reveals the disgusting innards of US capitalism.

WISDOM IS KEY

Clearly, this programme is here to stay. However, prospective participants can limit risks of exploitation by examining the range of career placement agencies that exist. Scrutinising their fees and reading the fine print is necessary. Additionally, they should carry out research into the sponsor they will work with as career placement agencies will not do this. Several of the sponsors that employ students with J1 visas have been or are currently under investigation for labour abuses.

Not to mention, it is useful to look at the protections offered in the state that one is staying. It is best that students choose a placement company that allows them to select the state as not all states are equal.

The Government should take action, but given that Jamaica’s own Occupational Safety and Health Act has been gathering dust for decades, I would not bank on it. If the Government does have the appetite to act, then it can establish a department where Jamaicans who feel exploited can register complaints. It can also liaison with the Office of Exchange Coordination and Compliance in the US as this department is responsible for monitoring the Exchange Visitor Programme.

Most important, students must take their well-being in their hands and protect their interests as no one else will.

David Salmon is a graduate of the University of the West Indies with a background in public policy and management. Send feedback to davidsalmon@live.com.

To report abuse, exploitation or if emergency assistance is needed, J1 visa participants can contact 1-866-283-9090, email jvisas@state.gov or visit the website https://j1visa.state.gov/.