Archive for the 'Employee Rights' Category

Guilty Plea For H-1B Scam Targeting Student Visa Holders; Beware of More Scams With H-1B Quota Cap

  A U.S. employer’s representative has pleaded guilty to running an H-1B visa scam targeting foreign students whose visas were set to expire and who apparently were seeking a follow-on employer sponsor who would enable them to remain in the United States and work.  The employer representative, Srinivas Doppalapudi, 45,  a U.S. permanent resident originally from India, pleaded […]

Promised a Percentage-Based Wage Higher Than the Prevailing Wage? Get Documentation

Has your H-1B employer promised you a wage that is based on a percentage of project work? If so, read on, as this article discusses some common issues and important considerations for H-1B workers offered percentage-based pay. The attorney-authors encounter many H-1B workers whose H-1B sponsor employers promised them percentage-based wages for work projects, such […]

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. […]

An Ounce of Prevention…Clues Your New H-1B Employer May Not Play By the Rules

Starting a new employer relationship can be risky. You never know if the employer’s representatives are good people who will follow the rules and treat you right, or if they are just talking a good game and are actually out to exploit you and your immigration status. There is no fool proof way to predict […]

Working at a Client Site? New Consulate Requirement Exposes H-1Bs to Lifetime Ban to US

Due to a new requirement by at least one U.S. consulate in India, H-1B employees now face a new risk of a permanent bar from the United States for unlawful actions by their H-1B employers. The U.S. Consulate in Hyderabad, as shown in a document obtained by AILA, is now requiring H-1B employees who will be […]

Why PG County Schools’ Wage Violations May Throw Its H-1B Teachers Out of the US

In the wake of Maryland’s Prince George’s County Public Schools (PGCPS) settlement agreement involving H-1B wage violations, questions have been raised about the unfair effect this is having on the victims, the teachers who will be forced to leave their jobs and the United States once their H-1B time runs out. As part of the […]

Afraid You’ll Be Fired and Lose Your Status if You Complain to Your H-1B Employer? The Law May Protect You

H-1B employees who have been benched without pay or underpaid often are reluctant to complain against their employers because they fear they will be fired and lose their immigration status. This fear is understandable, but exaggerated. This article will explain why complaining can actually help preserve your status in the United States. The Relationship Between […]

Complaining About H-1B Employer Benching May Give You the Tool to Salvage Your Status

We hear from many H-1B holders who have been benched or underpaid, but who think it’s best if they first find a new job, return to school, or obtain some other status to enable them to stay in the United States before they complain about their H-1B employer who underpaid them or violated the law. The reality […]

What Happened to the H-1B Employees Charged with IT Employer as Visa Fraud Conspirators?

The H-1B employees who were originally indicted as co-conspirators in connection with Vision Systems work visa fraud scheme have either plead guilty to reduced charges or had charges dismissed last year.  Apparently, these results were in exchange for the H-1B workers cooperating with the investigation and prosecution of their employer. Most of those who plead guilty did […]

The Importance of “Counting to Ten” in Employment Disputes

Image by bartmaguire via Flickr There are many, many different factual and legal issues that arise in employment disputes. However, there are a few fundamental, core issues that underlie nearly all employment disputes and lawsuits. The biggest cause of employment lawsuits I see is poor communication– most commonly, a worker letting anger or knee-jerk reactions […]