Archive for the 'H-1B' Category

Right to a Written Decision for Dept. of Labor H-1B Wage Complaint

If you’re an H-1B worker and filed a wage complaint with the U.S. Department of Labor (DOL), you have a right to receive a written decision from DOL. DOL’s written decision must state important information, including: (1) if you are owed wages or not; (2) the reasons for the decision; and (3) your rights to […]

H-1B Visas for Start Ups? USCIS Sending Mixed Messages for Entrepreneurs

A common question among H-1B holders is whether they can start their own company and work for it, rather than for an existing employer. The answer is: It depends. It depends on your degree, the nature of the company you want to create, your experience and expertise, the capitalization of your proposed business, your country […]

India EB-2 October Priority Date Predicted to Be 2006; Older than Hoped

More bad news for Indian EB-2 category green card hopefuls – the long-awaited Oct 1 release of the new priority date for filing applications is estimated to be for a much older date of 2006, rather than the previously predicted 2007, liaison officers of the American Immigration Lawyers Association (AILA) announced this week. Worse, the […]

It’s Your Status; Take Care of It

If you are an H-1B worker and have been reading our blog regularly, by now you probably know that your employer must pay you a required wage even if benched, you must do the work when available for which you were hired, and you cannot move from one location to the next without the employer […]

Beat the Cap: Alternatives to the H-1B Visa

The run on H-1Bs using up the allotment for new visas for this year has left many scrambling for an alternative authorization to live and work in the United States until more H-1Bs become available again next year. In this article, we discuss alternatives to the H-1B visa for those who cannot apply for an […]

IT Staffing Company Agrees to Pay Up For Firing Employee Who Complained About H-1B Hiring Discrimination

A few weeks ago we wrote about a legal complaint against an H-1B body-shop employer that highlighted a unique process for American citizens or green-card holders to contest unscrupulous employers who exploit the H-1B program. In our prior story, we discussed the complaint process within the Department of Justice (DOJ), in which American citizens and green […]

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. […]

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 […]