Archive for the tag 'H-1B visa'

H-1B Cap Exhausted. Who Is Affected? What Can You Do Now?

Our readers have probably seen all the headlines in the last few days about the H-1B cap being reached in the first week this year, the first time since 2008. For most of you, this story will not affect you, other than it being an indicator of a recovering economy. Those of you who already […]

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 […]

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, […]

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. […]

One-Year Deadline Passed for an H-1B Wage Complaint at DOL? There May Still Be Options For Getting Your Money

If you are an H-1B worker with unpaid wages, as we have described before, there is a 1-year deadline for a particular type of legal complaint you could pursue.  That is, there is 1-year deadline to file a WH-4 complaint at the U.S. Department of Labor (DOL). We have found that many H-1B workers (whether […]

MD County’s Public Schools Barred from H-1B program and Fined for Wage Violations

In a settlement agreement signed this month in connection with H-1B wage violations, Maryland’s Prince George’s County Public Schools (PGCPS) system must reimburse more than 1000 teachers $4.2 million in H-1B application fees and pay a $100,000 fine. The Department of Labor and USCIS have also barred the school system from filing applications for work visas […]

Handy Government Guide to Employee Rights; Download and Keep It With You

In an effort to combat human trafficking and abusive employment practices, the U.S. government has published a helpful pamphlet on employee rights for foreign workers. The pamphlet explains the rights of all foreign workers employed in the United States, addressing such topics as work site conditions, deceptive employer practices, women’s rights in the work place, […]