Understanding your legal protections is essential if you’re an H-1B worker in the U.S. This post outlines your rights regarding wages, working conditions, and discrimination, giving you the knowledge to protect yourself.
Table of Contents
- Wages and Benefits
- Illegal Deductions
- Working Conditions
- Notice and Records
- Protection from Discrimination
- Where to Seek Help
1. Wages and Benefits
Your employer must pay you the higher of:
- The actual wage (what other workers with similar qualifications earn).
- The prevailing wage in your area of employment.
You’re also entitled to:
- Payment for non-productive time caused by employer delays.
- Fringe benefits equal to those offered to U.S. employees.
2. Illegal Deductions
Employers cannot require you to:
- Pay any part of the H-1B petition filing fee.
- Cover penalties for leaving your job early.
- Pay for employer business expenses, such as legal fees for the Labor Condition Application (LCA).
3. Working Conditions
You’re entitled to working conditions that are consistent with those of similarly employed U.S. workers, including:
- Hours and shifts.
- Vacation policies.
- Seniority-based benefits.
4. Notice and Records
Your employer must:
- Provide you with a copy of the approved Labor Condition Application (LCA).
- Maintain records of your hours worked and wages paid.
You should also keep personal records of:
- Hours worked.
- Your employer’s name, address, and contact details.
5. Protection from Discrimination
Your employer cannot intimidate, threaten, or retaliate against you for:
- Reporting H-1B violations.
- Participating in investigations or legal proceedings.
6. Where to Seek Help
For questions or concerns, contact the U.S. Department of Labor at 1-866-4US-WAGE (1-866-487-9243) or visit www.dol.gov/whd.
Conclusion:
Understanding your rights as an H-1B worker empowers you to address workplace issues confidently. Keep detailed records, stay informed, and contact legal experts or the Department of Labor if necessary.
Schedule a Consultation with an Immigration Lawyer
Citations
We Can Help!
If you have questions about the H-1B visa, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
