Archive for May, 2012

The Other Complaint Process: DOJ Targets H-1B Body Shops Who Discriminate Against US and LPR Workers

We have written quite a bit about using Department of Labor and USCIS tools to stand up to exploitative H-1B employers, but there is another agency that is also pursuing them: the Department of Justice. The Department of Justice (DOJ) enforces immigration related anti-discrimination provisions of the Immigration and Nationality Act in the employment world. […]

Who Does USCIS Target for H-1B Fraud Inquiries? Internal Checklist Reveals Red Flags

An internal USCIS H-1B policy memo shows small, young companies are the target of USCIS efforts to ferret out fraudulent H-1B petitions. AILA, through The Legal Action Center (LAC) of the American Immigration Council, obtained a copy of the memo and its H-1B fraud referral routing sheet this week following a hard-fought lawsuit against USCIS for access to the documents. In […]

Please check out my answer on @Avvo to: Are there…

Please check out my answer on @avvo to: Are there lawyers who will take a potential class action cs and get …

Read my @Avvo Legal Guide: H-1B Benched, Underpaid…

Read my @avvo Legal Guide: H-1B Benched, Underpaid, Feeling Exploited? Issues to Consider Before You Quit

H-1B Benched, Underpaid, Feeling Exploited? Issues to Consider Before You Quit

H-1B workers who are benched or underpaid not only feel financially exploited, they may also feel emotionally exploited, especially if they have an employer whose main motivation tactic is to threaten to revoke your visa. Understandably, H-1B workers who feel exploited and unappreciated will want to quit their job, and may do so in the […]

Please see my answer on @Avvo to: Am I supposed to…

Please see my answer on @avvo to: Am I supposed to get paid for overtime? – I agree with the other attorney …

Have you seen “meat glue” (Transglutaminase) being…

Have you seen “meat glue” (Transglutaminase) being used by a meat product company or restaurant?

Employment Dispute? YOU’RE Probably the One On the Hotseat; Don’t Blame from the Hotseat

If you are a worker in a dispute — whether it’s a dispute with your current employer’s management, a dispute with your former employer about unemployment benefits, etc.– there is something important you should know. Regardless of what the employer may have done wrong, YOU are probably the person who is under the most scrutiny, […]

Grassley Concerned that Fraudulent Practices May be Used to Circumvent Protections of H-1B Visa

In a letter to Department of State Secretary Hillary Clinton and Department of Homeland Security Secretary Janet Napolitano, Grassley cited a Seattle Times story that outlined questionable practices by The Boeing Company in using the B-1 visa instead of the H-1B visa to bring in workers from Moscow.  via

Filing Your Own DOL Complaint? Consider These Factors

Some H-1B employees, without the assistance of attorneys, decide to file complaints with the Department of Labor (DOL) to pursue their unpaid wages. Some workers have better results than others.   Results often vary, based on a worker’s level of preparation and understanding about the DOL complaint process and rights under the laws and regulations. […]