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Today’s article will discuss the H-2B visa worker, common problems (including unpaid wages) H-2B workers face, and legal rights for those workers.
The H-2B visa is for short-term or seasonal workers in non-agricultural positions, such as landscape, cleaning, construction, hotel, and restaurant workers.
Some H-2B employers unlawfully seek fees from H-2B workers, fail [...]

Tags: H-2 Employee Rights, h-2 worker rights, H-2B, H-2B rights, seasonal worker, temporary worker

USCIS has released more details about its new fraud detection program marked by surprise site visits, according to AILA. During DHS’ recent program on employment-based visa fraud, the Fraud Detection and National Security (FDNS) office, explained the three types of site visits it is conducting:
1. Risk Assessment Program fraud study. These visits involve any type [...]

Tags: FDNS, H-1B Fraud, H-1B site visit

The U.S. Citizenship and Immigration Services (USCIS) has launched a new program in which it is making unannounced site visits throughout the United States to monitor and detect fraud among H-1B employers and their H-1B employees.
In this article we explain what happens during these site visits and your rights and obligations under the law so [...]

Tags: FDNS, H-1B Fraud Detection Site Visits, USCIS

H-1B employers who engage in financial shenanigans with their employees’ wages have more potential problems than just DOL or USCIS investigations. They are now under heightened scrutiny by the IRS.
The Large and Mid-Size Business Division of the IRS recently announced it is prioritizing audits of tax withholding agents related to payment of wages to non-resident [...]

Tags: H-1B Fraud, H-1B Pay

The recent indictments alleging H-1B and green card fraud show the dangers that can occur if H-1B employees agree to perform unlawful acts requested by their employers.
Has your H-1B employer asked you to work in a city different than the city stated in your H-1B documents?  Or, has your H-1B employer told you to list [...]

Tags: fake pay stubs, falsification, H-1B Fraud, H-1B indictments, H-1B unlawful requests, H1B legal rights, tax fraud

While the recent H-1B and green card fraud bust has been applauded for focusing attention on abusive and exploitative H-1B employers and “bodyshops,” short shrift has been given to the fact that several H-1B employees were also indicted for their alleged participation in the scheme.
Of the 11 people arrested last week, eight were employees. The [...]

Not surprisingly, a recent USCIS report confirms thousands of H-1B employees are being underpaid, benched, or performing menial tasks instead of the high-skilled work were promised.
If you are one of those employees, you should know, however, that you do not have to simply accept this treatment and hope a better job comes along. You have the [...]

Tags: H-1B, H-1B Pay, H-1B pay stubs, H1 salary, H1B, H1B Fraud, H1B wage

I’ve been benched. Is my H-1B status still valid?
I’ve been fired. Can I stay here and look for another job?
I have no pay stubs. Can I change H-1B employers?
If you need legal advice about your H-1B status, be careful whom you ask for assistance. Horror stories abound in the media about the disastrous consequences caused by [...]

Tags: Fraud, H1B, immigration, notario, visa