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Entitlements for an H-1B Visa Holder in the United States

A sponsoring employer in the United States 🇺🇸 grants an H-1B (H1B) visa holder permission to work for a specified duration. The duration is typically up to three years, with the potential for extension.

In the United States, the H-1B visa (H1B) falls under the category of non-immigrant visas 🪪. This enables US employers to temporarily hire foreign workers for specialized occupations.

H-1B visa holders receive authorization to work for the sponsoring employer in the US for a specific period, typically up to three years. There may be an opportunity for an extension.

The U.S. government 🧑‍⚖️ sets a cap on the number of H-1B visas issued each year. Both employers and visa holders must adhere to specific requirements and regulations.

What are my Rights as an H-1B (H1B) Visa Holder? ⚖️

As an H-1B visa holder working in the United States, you possess certain rights and protections that ensure fair treatment and compliance with regulations. Let’s explore the key aspects that safeguard your well-being while employed under the H-1B visa category:

💰 Wages and Benefits: You have the right to receive the actual wage, equivalent to what your employer pays other workers with similar qualifications and experience, or the prevailing wage for your occupation in the area of employment—whichever is higher. Additionally, your employer must compensate you for non-productive time, if it was caused by their actions or due to the lack of a required license or permit. Moreover, you are entitled to fringe benefits on the same terms as offered to U.S. employees.

🏋️ Working Conditions: Your employer must provide you with working conditions comparable to those provided to similarly employed U.S. workers. This includes factors like working hours, shifts, vacations, and seniority-based benefits.

❌ Illegal Deductions: Your employer may not make you directly or indirectly pay any part of the petition filing fee. Furthermore, they cannot impose a financial penalty for leaving employment before a predetermined date specified in the employment contract. Additionally, your employer cannot pass on employer business expenses to you. This can include attorneys’ fees for preparing and filing the H-1B Labor Condition Application.

📆 Notice: Your employer must provide you with a copy of the Labor Condition Application. This document outlines the terms and conditions of your H-1B employment.

📑 Record-Keeping: Your employer is responsible for maintaining records of the hours you work and the wages you receive. It’s prudent for you to keep a record of your work hours, employer’s details, including name, address, and telephone number. You have the right to examine the public disclosure documents that your employer must maintain. Those documents would provide information about their compliance with the Labor Condition Application’s attestations.

⛑️ Protection against Discrimination: Your H-1B employer absolutely cannot intimidate, threaten, blacklist, discharge, or discriminate against you or any other employee, former employee, or job applicant who discloses information reasonably believed to be violations of H-1B requirements. Moreover, employees have protection for cooperating in investigations or other proceedings concerning compliance with H-1B regulations.

Knowing and understanding your rights as an H-1B visa holder:

This empowers you to assert your protections while contributing your expertise to the U.S. job market. By being aware of these key aspects, you can navigate your employment with confidence and assurance.

Need help preparing your immigration case and making your application updated for USCIS? Contact Shepelsky Law!