{"id":6751,"date":"2023-05-04T12:00:00","date_gmt":"2023-05-04T16:00:00","guid":{"rendered":"https:\/\/employerdefensereport.com\/?p=6751"},"modified":"2026-03-20T11:53:52","modified_gmt":"2026-03-20T15:53:52","slug":"osha-expands-its-investigative-authority-under-the-whistleblower-protection-program-through-u-and-t-visa-certifications","status":"publish","type":"post","link":"https:\/\/www.connmaciel.com\/employer-defense-report\/osha-expands-its-investigative-authority-under-the-whistleblower-protection-program-through-u-and-t-visa-certifications\/","title":{"rendered":"OSHA Expands Its Investigative Authority Under the Whistleblower Protection Program through U and T Visa Certifications"},"content":{"rendered":"

By Kara Maciel<\/a>, Eric J. Conn<\/a>, and Darius Rohani-Shukla<\/a><\/p>\n

OSHA has unveiled another tool that will enhance its ability to investigate potential workplace safety violations affecting vulnerable workers who are victims of criminal activity, including sex and labor trafficking. Effective March 30, 2023, OSHA can now issue an important certification used to support two nonimmigrant visas, the U and T visas, that grant individuals immigration status when working with officials during criminal investigations and proceedings. \"Immigration,Document.,3d,Illustration\"Both the U visa and T visa were created in 2000 as part of the Victims of Trafficking and Violence Protection Act and are intended to provide undocumented workers or workers whose immigration status depends on their employer with the opportunity to report qualifying criminal activity (QCA) without jeopardizing their immigration status and\/or risking retaliation by their employer. Now, OSHA can provide support to the visa applications of workers who bring forward credible allegations of a violation of a law that OSHA enforces, in situations where OSHA has detected specific QCA.<\/p>\n

OSHA does not have the authority to issue U and T visas themselves. Rather, these visas are issued by the U.S. Citizenship and Immigration Services (USCIS), which is a separate agency within the Department of Homeland Security (DHS). However, DHS regulations (8 C.F.R. \u00a7 214.14(a)(2)) permit certain federal law enforcement agencies (such as the Department of Labor) to certify applications.\u00a0 Previously this authority was limited to DOL\u2019s Wage and Hour Division, but Secretary Walsh signed a memorandum on February 13, 2023, that gave OSHA the authority to issue the certifications as well.<\/p>\n

These certifications are vital parts of nonimmigrant visa applications which require applicants to provide: a petition, I-918 Supplement B certification signed by an authorized official of a law enforcement agency (such as the DOL\/ OSHA) <\/em>confirming that the individual is being helpful or will likely be helpful in the investigation or prosecution of the case, and a personal statement describing the QCA to USCIS.\u00a0 The specific certification authority has been delegated to the regional administrators in each of OSHA\u2019s offices, as well as to the Deputy Assistant Secretaries and the Director of the Directorate of Whistleblower Protection Programs in OSHA\u2019s national office. They will be assisted by a regional coordinator, who will ensure that requests for certification are handled appropriately and consistent with the program\u2019s intentions.<\/p>\n

By permitting OSHA to issue I-918 Supplement B certifications, the DOL has expanded the network of individuals whom victims might interact with that can provide them with necessary protection if they are victims of QCA. In the program\u2019s kickoff meeting, Deputy Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick highlighted his hope that the ability to offer these certifications would allow OSHA to reach out to more workers and produce more trusting relationships with workers.\u00a0 This program is intended to provide workers protection from employer retaliation that might put their immigration status at risk, and also enable them to feel free to provide OSHA, as well as other law enforcement agencies, critical information relating to QCAs and worker safety violations. In a statement, OSHA Asst. Secretary Doug Parker said: \u201cWorkers in the U.S. need to feel empowered and able to trust OSHA and the US Department of Labor enough to voice their concerns about workplace safety regardless of their immigration status and fears of retaliation.\u201d\u00a0<\/em><\/p>\n

\"Screenshot<\/a>What are U visas and T visas?<\/u><\/strong><\/p>\n