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πŸ“œ H1-B Visa Holder Rights in the USA πŸ‡ΊπŸ‡Έ

Are you an H1B visa holder working in the United States? Immigration lawyer Marina Shepelsky is here to provide you with valuable insights into your rights, options for obtaining a green card, and what your employer cannot do to you legally. In this blog post, we’ll break down the key points and offer a comprehensive overview of the rights of H1-B visa holders in the USA.

Rights of H1-B Visa Holders πŸ“‹πŸ‡ΊπŸ‡Έ:

Fair Wages and Benefits πŸ’°πŸ₯:

  • H1-B visa holders must be paid the actual wage, which should be on par with what the employer pays their U.S. employees in similar roles.
  • Even during non-productive periods, where you may not have a project, your employer is obligated to continue paying you.
  • You should receive the same fringe benefits as your U.S. colleagues, including paid time off, insurance, and vacation time.

Prohibited Expenses βŒπŸ’Έ:

  • Employers cannot make H1-B visa holders pay for filing fees, advertising fees, or financial penalties related to leaving employment.
  • The employer is responsible for covering business expenses such as legal fees for H1-B visa petitions.

Switching Employers πŸ”„πŸ‘₯:

  • H1-B visa holders have the right to switch to another employer, but the new employer should file for a transfer.
  • The new employer cannot force you to pay for the H1-B transfer process or any related legal fees.

Employment Conditions πŸ’πŸ‘¨β€πŸ’Ό

  1. Equal Working Conditions πŸ“‹βœ…:
    • H1-B visa holders should have working conditions identical to those provided to U.S. workers in similar roles.
  2. Documentation πŸ—‚οΈπŸ“„:
    • Employers must provide a copy of the entire file. This includes: including Labor Condition Application (LCA), USCIS paperwork, and approval notices, to H1-B visa holders.
    • Both the employer and the visa holder must maintain records of hours worked, W-2s received, and payments made.
  3. Reporting Violations πŸš«πŸ“’:
    • Employers are prohibited from intimidating, threatening, blacklisting, or terminating H1-B visa holders. Employees are not accountable for disclosing information or reporting violations of H1-B conditions.

Other Options (PERM) πŸŒŸπŸ—³οΈ:

After working on an H1-B visa for six years, your employer can file for PERM (Permanent Labor Certification) without labor certification. The Department of Labor (DOL) issues a permanent labor certification. This enables an employer to hire a foreign worker for permanent employment in the United States. You can also have any employer file for PERM at any time, but it would require labor certification.

Extraordinary Ability-Based Green Card 🌟🌟:

  • Have you achieved exceptional success in your field? You may be eligible for an extraordinary or exceptional ability-based work green card.

Self-Sponsorship πŸ“‹πŸ“Š:

  • You may be eligible to self-sponsor yourself for an EB-2 National Interest Waiver Green Card or even an EB-1. Note that EB-1 is highly selective.

Understanding the rights of H1B visa holders in the USA and potential pathways to a green card is crucial. It will guide you to a successful and secure career in the U.S. We hope this blog post has helped clarify your rights and options as an H1-B visa holder. Share this valuable information with your friends and family, and stay tuned for more informative content.

☎️ Contact us to learn more about how we can support your journey. πŸ“² We can guide you in compliance withΒ immigration laws.