Archive for the tag 'H-1B'

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

Common Assumptions by H-1B Workers that Are Wrong

Image via Wikipedia Many underpaid H-1B workers make assumptions about their situation that (while understandable)  are incorrect. Below are several assumptions we have heard from H-1B employees that are wrong.  If you have been making the assumptions below, you may be stopping yourself from improving your situation.

Off-Site Work Off Limits to H-1Bs? New Guidance Explains H-1B Job Criteria

Image by john_a_ward via Flickr If you are an H-1B worker in search of new work, especially in the IT sector, you must scrutinize the relationship with your prospective H-1B employer to make sure the proposed employment relationship is acceptable under USCIS criteria.If you don’t compare the proposed employment conditions with USCIS requirements, you risk […]

Benched A Long Time? Still Stay In Regular Contact With H-1B Employer

Image by iBrow via Flickr If you are an H-1B worker who has been benched for months and months, despite your best efforts to find a project, you may find yourself  communicating less and less with your H-1B employer.  Maybe you’ve even stopped contact altogether. Please know you should not reduce communications with your H-1B […]

Benched or Underpaid H-1B Wages? The Importance of Acting Promptly

Image via Wikipedia If you’re an H-1B worker who has been benched or otherwise underpaid wages, and you’re interested in trying to address your problems, you should consider acting promptly.  Promptly educate yourself about the legal options you have, and promptly take action.  If you take take the right actions at the wrong time (i.e. […]