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Many underpaid H-1B workers make assumptions about their situation that (while understandable)  are incorrect.
Below are several assumptions we have heard from H-1B employees that are wrong.  If you have been making the assumptions below, you may be stopping yourself from improving your situation.

Tags: Benching, H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Legal Rights, H-1B Pay, H-1B salary, H-1B Transfer, H-1B Wages, H-1B Worker's Wrong Assumptions

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

As part of its stepped up effort to target employers who violate immigration laws, USCIS is conducting more worksite inspections, including those of H-1B employers. As part of their investigation, the inspector interviews both the employer and the H-1B employee.
A member of the American Immigration Lawyers Association has written an account of one of these [...]

Tags: H-1B Fraud, H-1B Worksite Inspection, United States Citizenship and Immigration Service, USCIS

If you are thinking about all your problems with your H-1B employer, and want to tell the world- or, tell Facebook, listservs, and/or Desi message boards- you should think twice and count to ten before posting.
It is understandable to feel highly frustrated by an H-1B employer who has benched you, underpaid your wages, unlawfully required [...]

Tags: Benching, Complaint, H-1B, H-1B Defamation, H-1B Employee Rights, H-1B Fraud, H-1B Message Boards, H-1B Retaliation, H-1B Wages, Retaliation

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

If you are an H-1B employee, and your employer is terminating your job and has offered you a severance agreement, you should consider the following things. (Please note this post does not provide legal advice- if you want legal advice, you should contact an attorney and discuss your specific severance agreement and circumstances).

Tags: Benching, H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Layoff, H-1B Legal Rights, H-1B Pay, H-1B Rights, H-1B salary, H-1B Severance, H-1B Transfer, H-1B Wages, H1, H1B, Prevailing Wage

Does your H-1B employer:

Rip you off (e.g. make you pay H-1B filing fees, underpay your wages, etc.)?
Subject you to abuse (e.g. threaten you with job termination or deportation)?
Want you to do things that you think are unethical?

If you answered ‘yes’ to one or more of these questions, then you may well have a legal claim [...]

Tags: H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Legal Rights, H-1B Pay, H-1B Rights, H-1B salary, H-1B Transfer, H-1B Wages, H1, H1B, Prevailing Wage

If you are an employee with concerns about your H-1B employer, or you think you may pursue a legal action someday, please know that the documentation you keep is critical.
For example, you should make sure you save all important documents, such as your Labor Certification Application (LCA) and other H-1B documents, as well as all [...]

Tags: Documentation, H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Legal Rights, H-1B Pay, H-1B Rights, H-1B salary, H-1B Transfer, H-1B Wages, H1, H1B, Journal, Prevailing Wage, Retaliation

You know your employer is violating the law. Perhaps, he has benched you with no pay; is paying you less than the required wage; has you sending out resumes instead of writing a computer program.
So why do H-1B employees put up with this situation?
One of the main reasons an H-1B employee tolerates exploitation rather than [...]

Tags: H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Legal Rights, H-1B Pay, H-1B Rights, H-1B salary, H-1B Transfer, H-1B Wages, H1, H1B, Prevailing Wage