VZCZCXRO1188
PP RUEHGR
DE RUEHKG #0409/01 1421503
ZNR UUUUU ZZH
P 221503Z MAY 09
FM AMEMBASSY KINGSTON
TO RUEHC/SECSTATE WASHDC PRIORITY 7652
INFO RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/USDOLABOR WASHDC
RUEHOT/AMEMBASSY OTTAWA 2366

UNCLAS SECTION 01 OF 03 KINGSTON 000409 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR WHA/CAR (ACADIEUX) (VDEPIRRO) (WSMITH) 
WHA/EPSC (MROONEY)(FCORNEILLE) 
INR/RES (RWARNER) 
S/CT 
SANTO DOMINGO FOR FCS AND FAS 
HOMELAND SECURITY FOR ALEX GISSER 
 
E.O. 12958:  N/A 
TAGS: CVIS ELAB PTER ASEC PBTS KCRM PHUM KFRD SOCI JM XL
SUBJECT: JAMAICA: ENDING THE VISA EXEMPTION FOR JAMAICAN H2A 
WORKERS 
 
Summary and Recommendation 
------ 
 
¶1. (SBU) Summary: For over 65 years, Jamaican farm laborers have 
entered the U.S. to work on the H2A program without visas.  Post 
believes that this practice fosters an environment conducive to 
corruption, political favoritism, fraud and potential threats to 
U.S. national security.  Post recommends that the Jamaican H2A 
program should be reconstituted so that applicants must go through 
the same visa interview process that Jamaican H2B applicants and H2A 
applicants in other countries currently undergo.  End Summary and 
Recommendation. 
 
Background 
------ 
 
¶2. (SBU) Each year, over 12,000 Jamaican nationals participate in 
H2A and H2B guest worker programs in the United States.  However, 
while H2B applicants must submit to visa interviews and background 
checks at the Embassy in Kingston, per CFR '212.1(4)(b)(i), Jamaica 
is perhaps the only country in the world whose H2A agricultural 
workers are permitted to enter the U.S. without visas.  Post 
believes that this loophole raises troubling national security and 
fraud prevention concerns, and should be rectified. 
 
History 
------ 
 
¶3. (SBU) The Jamaican guest worker program has its origins in the 
U.S.'s labor shortages during World War II.  While the Mexican 
bracero program of the 1940s through the 1960s supplied agricultural 
workers in the western U.S., language, cultural, and transportation 
concerns made workers from the West Indies more popular in the 
eastern United States. 
 
¶4. (SBU) As Jamaica was a British colony at the time, the initial 
agreements were between the governments of the USA and the United 
Kingdom.  The British West Indies Central Labour Organization 
(BWICLO) was established in 1943 to facilitate the provision of 
laborers from throughout the British Caribbean, although the vast 
majority of the workers in the program were always Jamaican.  A 
Regional Labour Board (RLB) was established in 1951 to oversee and 
formulate the guest worker policies of the BWICLO.  The current H2A 
program was introduced in 1947 and the H2B program in 1970.  As the 
British began divesting themselves of their colonies in the 1950s, 
the Caribbean Community (CARICOM) took over the program and it was 
renamed the West Indies Central Labour Organization (WICLO) in 1983. 
 In 2001, the program was renamed yet again, this time as the 
Jamaica Central Labour Organization (JCLO).  Since 2004, JCLO has 
overseen Jamaica's H2A, H2B, and J1 student exchange programs. 
 
Abuse and Corruption Concerns 
------ 
 
¶5. (SBU) In a meeting on April 24, 2009, representatives of 
Jamaica's Ministry of Labour (MOL) discussed the H2A and H2B 
programs with Emboffs from Embassy Kingston.  MOL representatives 
explained that the Ministry issues several thousand "cards" 
(actually application forms) per year to Members of Parliament, 
community and political party leaders, pastors, training 
institutions, etc., that are then distributed to those they believe 
might be interested in applying to work in the H2A program. 
Applicants are then screened for suitability by MOL, followed by 
medical examinations and criminal background checks, before they are 
interviewed by potential petitioners from the U.S. and Canada. 
Those certified by MOL as eligible for the program are provided with 
Government of Jamaica (GOJ) ID cards, although these are not secure 
and would be easily counterfeited or altered. 
 
¶6. (SBU) Emboffs expressed concern that the "card" system is prone 
to abuse, corruption and favoritism.  Those given these much sought 
after "cards" were free to distribute them to whomever they wished, 
suggesting that the pool of potential applicants for these 
relatively lucrative employment opportunities might be limited to 
political supporters, congregants, and acquaintances of the "card" 
distributors in order to garner votes and political support.  MOL 
countered that the system was a good one, as those entrusted with 
the "cards" were in unique positions to know who in their 
communities would be most interested in and appropriate for the 
program.  (COMMENT: Clearly, the U.S. government should not allow 
 
KINGSTON 00000409  002 OF 003 
 
 
its own guest worker program to be used in such a potentially 
partisan manner(END COMMENT). 
 
¶7. (SBU) The Consular Section's Fraud Prevention Unit screens all 
H2B groups for fraud, compliance with H2B regulations, and to 
monitor how many applicants are issued on individual petitions at 
posts around the world to ensure that only the approved numbers are 
issued. In the absence of a visa interview, however, it is unclear 
who monitors the Jamaican H2A program to ascertain that the proper 
number of guest workers enter on each DHS petition and to ensure 
that guest workers aren't forced to pay inordinate fees to be 
included on the DHS petition. 
 
National Security Concerns 
------ 
 
8.(SBU) Without the visa interview, consular officers do not have 
opportunity to determine whether applicants actually possess the 
skills and experience required of H2A guest workers, nor can they 
observe verbal and nonverbal cues that might suggest fraudulent or 
criminal intent. Furthermore, during their visa interviews at 
Embassy Kingston's Consular Section, H2B applicants are screened 
through a number of criminal and watchlist databases - including the 
Consular Lookout and Support System (CLASS), Facial Recognition, the 
FBI's National Crime Information Center (NCIC) and Integrated 
Automated Fingerprint Identification System (IAFIS), as well as 
DHS's Automated Biometric Identification System (IDENT) - to ensure 
that those with serious criminal histories or terrorist connections 
are not admitted to the U.S. through guest worker programs. 
However, H2A workers are not routinely subject to the fingerprint, 
facial recognition, and name checks that H2B and other applicants 
undergo prior to entering the U.S.  Although Customs and Border 
Patrol (CBP) at the Point of Entry collects biometric information 
(photographs and one fingerprint) on all non-U.S. citizens through 
US-VISIT, these data are only processed through the IDENT database, 
while the CLASS, NCIC, and IAFIS databases are accessed only if the 
visitor is referred for a secondary inspection. 
 
214b Concerns 
------ 
 
¶9. (SBU) INA section 101(a)(15)(H)(ii)(a) provides that an H-2A 
worker is a nonimmigrant who has a residence in a foreign country 
that s/he has no intention of abandoning and who is coming 
temporarily to the United States to perform agricultural labor or 
services.  In H2B and other nonimmigrant visa interviews, 
specially-trained consular officers may ask probing questions and 
observe microexpressions and other verbal and nonverbal indicators 
to ascertain the applicant's credibility and potential intent. 
Given that Jamaican H2A workers are not interviewed by consular 
officers, these means are not available to assess whether the worker 
overcomes the 214b presumption of immigrant intent.  Furthermore, 
without personal contact information on H2A guest workers, it is 
difficult if not impossible to conduct consular validation studies 
to determine overstay and absconder rates. 
 
Implications for Embassy Kingston 
------ 
 
¶10. (SBU) While Embassy Kingston's Consular Section would require 
additional resources were Jamaican H2A applicants required to submit 
to visa interviews, these resources would be offset by additional 
revenues in the form of visa interview fees.  An additional 4,000 
visa applicants per year might require, at most, one additional FSO 
and two additional LESs in Embassy Kingston's Consular Section. 
However, given the USD 131 interview fee, the Consular Section would 
realize an increase in revenues of around USD 524,000 annually. 
 
Potential Jamaican Response 
------ 
 
¶11. (SBU) Given the importance of remittances to the Jamaican 
economy, it is anticipated that GOJ and the MOL will oppose any 
alteration in the current visa-less H2A program.  However, Canada, 
which hosts twice as many Jamaican agricultural guest workers 
annually as does the U.S., began requiring the guest workers to 
submit to visa interviews in the late 1990s without any apparent ill 
effects or reduction in the number of Jamaican participants in the 
program.  Similarly, the H2B visa requirement has not limited 
Jamaican participation in that program - far more Jamaicans work in 
 
KINGSTON 00000409  003 OF 003 
 
 
the U.S. on H2Bs than on H2As.  Indeed, tens of thousands of H2A 
guest workers from other countries are required to have visas 
without any apparent deleterious effects on their participation in 
the program. 
 
12.(SBU) Finally, in Post's estimate it should be strongly 
emphasized that the U.S. is not recommending any new limits to or 
the cessation of the program, simply that Jamaican H2A guest workers 
should submit to the same procedures followed by H2A guest workers 
from every other nation in order to work in the U.S. 
 
Conclusion and Recommendation 
------ 
 
¶13. (SBU) Post believes that the current system whereby Jamaican H2A 
guest agricultural workers may enter the US without a visa offers 
the potential for abuse, corruption, and fraud, while affording 
criminals and terrorists a potential means of entry.  Given that the 
H2A program has been successful in other countries despite the visa 
requirement, Post recommends that Jamaican H2A guest agricultural 
workers be required to have visas as well. 
 
MOSS