Archive for the 'Considering Legal Action' Category

Should You Get a Local Attorney?

If you’re looking for an attorney to help with a legal dispute, you may have thought of this question: “Should I get an attorney located near me?” My answer, which is a typical lawyer answer, is “maybe.”  It depends.  Lawyers in the U.S. are generally licensed to handle Federal-law matters all across the U.S.  I […]

J-1 Workers Have Rights Too; Students Awarded Back Pay After Filing Claims of Abusive Conditions

Exploitation of J-visa workers has popped up in the news again, with the Department of Labor reaching a settlement with three companies to pay $213,000 in back wages to foreign students who were hired for summer work in Pennsylvania at a Hershey’s Chocolate packing plant. The settlement resolves claims against the three companies for their […]

With No More New H-1Bs This Year, Is the J Visa Program Another Target for Exploitation By Employers?

Our H-1B worker readers are probably familiar with employers recruiting foreign workers holding OPT/CPT as an alternative to H-1B employment.  Some employers do this to avoid the restrictions that come with H-1B visas, such as having to pay the required wage to H-1B workers at all times, even while between work projects or on the […]

Join the Debate: Is there an IT Worker Shortage in the United States?

Companies like Microsoft say there is a shortage of competent and qualified US workers in the IT industry, so they must recruit employees from other countries (and, thus, want to increase the current cap on H-1B visas). IT industry workers and others say there is more than enough home talent, especially in this bad economy. […]

H-1B Visa Interviews Used to Detect Suspected Employer Fraud and Abuse; Are Visas In Jeopardy Even for Prior Employer Violations?

Consular officers are taking a more active role to stop employer abuse of the H-1B program, by reporting H-1B employer’s suspected wage violations to the Department of Labor (DOL) for investigation, based on information the officers obtained during visa interviews with workers. The officers’ interest is good news to the extent unlawful H-1B employer practices are being challenged. The […]

Texas Farm Accused of Discriminating Against US Citizen Job Applicants in Favor of H-2A Foreign Workers

A Texas farm has been accused of discriminating against U.S. citizen workers, and instead favoring foreign workers hired under the H-2A temporary worker visa program. In June 2010, a U.S. citizen with more than 12 years of experience in the agricultural industry said in a complaint that he had applied for a job as a cotton […]

Don’t Sit on the Fence If An Attorney Discusses Options– Take Action, or Don’t

The attorney-authors of this blog commonly get inquiries from workers who are underpaid or mistreated by H-1B-sponsor employers, and who are initially uncertain whether they want to take action against the employers.  We certainly understand this indecision.  Further, we think it is a very good thing that mistreated workers talk to an attorney about what […]

21 H-1B Employees Awarded Back Wages for Unpaid Company Training

The Department of Labor (DOL) reaffirmed that an H-1B employer must pay its employees the full, required wage when in training. DOL ordered SVK Systems Inc. in Montgomery, AL to pay $257,635 in back wages to 21 H-1B employees hired for tech jobs across the United States, according to a recent press release. DOL investigators […]

End Clients With Blind Eyes?

The attorney-authors have represented many H-1B workers, some of whom have done project work for some of the biggest companies in the U.S.  Some things that seem remarkable to us: (1) the epidemic of H-1B workers across the country who are underpaid or not paid during benched time and are not paid, underpaid or have delayed payment, […]

Does Your H-1B Wage Loss Situation Have the Makings of a Class Action?

If you are an H-1B worker who has been underpaid or otherwise mistreated by an H-1B employer, you may be able bring your claims not only on your own behalf, but also on behalf of a class of similarly situated individuals.  The attorney-authors of this blog, along with our attorney colleagues at the excellent class-action […]