In the U.S., employers are permitted to hire nonimmigrant aliens as workers in specialty occupations. The H-1B visa program allows nonimmigrants to temporarily work in the U.S. Those who come to the U.S. on H-1B visas may wonder whether they have the same rights and responsibilities as other employees. Fortunately, the Department of Labor establishes certain laws that U.S. employers must abide by to protect the rights of H-1B visa nonimmigrant workers. If you are eligible for an H-1B or you feel as an H-1B visa holder your rights have been violated by your employer, please don’t hesitate to reach out to a dedicated Essex County Employment Immigration Attorney who can help you today. Please continue following along to learn what rights H-1B nonimmigrant workers have in the U.S.
What is an H-1B visa?
The H-1B visa is a type of nonimmigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. According to the U.S. Department of Labor, a specialized occupation requires specialized knowledge in a specific field and the attainment of at least a bachelor’s degree or its equivalent.
What rights are temporary nonimmigrant workers afforded in the U.S.?
Fortunately, for H-1B visa holders, the law establishes certain standards U.S. employers must follow to protect the rights of temporary nonimmigrant workers. According to the U.S. Department of Labor, employers are legally required to pay wages to H-1B nonimmigrant workers that are at least equal to the wages paid to other workers with similar qualifications and experience for the occupation, or the prevailing wages for the occupation in the area of intended employment, whichever is greater. H-1B nonimmigrant workers must be paid for any non-productive time consumed. Employers must offer fringe benefits on the same basis as they do to U.S. employees.
In addition, employers are not allowed to request an H-1B nonimmigrant worker pay, either directly, or indirectly, any of the petition filing fees, to pay a financial penalty for leaving employment before the employment contract expires, or to pay business expenses. In addition, employers must provide safe working conditions on the same basis they would provide for similarly employed U.S. workers. H-1B nonimmigrant workers have the right to request help from union, immigrant, and labor rights groups to protect them from an abusive work environment where they fear they are in danger physically or mentally. H-1B nonimmigrant workers are also protected from discrimination, sexual harassment, and sexual exploitation in the workplace. H-1B nonimmigrant workers have many rights while in the U.S.
If you are an H-1B nonimmigrant worker and you believe your rights have been violated by your employer, contact our trusted attorneys. Our firm is committed to ensuring H-1B nonimmigrant workers’ rights are protected. Allow our firm to offer you individualized legal counseling today!
