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Legal Rights for H-1B Visa Holders

Van Wormer Law works with future, current, and past employee H-1B visa holders and helps them understand and pursue their H-1B legal rights. Broken down, these rights include:

  • Wages: The right to be paid the prevailing wage, and to avoid improper wage deductions.
  • Benefits: The right to receive the same health insurance and other benefits given to the employer’s U.S. citizen employees.
  • Work/No Benching: The right to work under the job title and be given the responsibilities promised on your LCA (Labor Condition Application); and the right to avoid being “benched” by your employer.
  • Pursuing Settlement: The right to have the option of seeking a settlement with the under- or non-paying employer without filing any legal complaints.
  • Pursuing Legal Complaints: The right to pursue legal complaints against an under- or non-paying employer, regardless of your current location (inside or outside the U.S.), and regardless of your current job status (whether or not you are currently working with the employer who is causing you problems).
  • No Retaliation: The right to complain / seek to be paid / ask to receive fair treatment without having your employer fire you, threaten you, try to deport you, or to engage in other retaliatory behavior.
  • H-1B Transfer: The rights surrounding the transfer from one H-1B sponsoring employer to a new H-1B sponsoring employer.

Attorney Rachel H. Van Wormer represents H-1B employees with legal claims involving unpaid wages, benching, and/or fraud. If you are faced with a situation where your H-1B employer is underpaying you, not paying you your wages at all, or threatening you in some other way, please contact our office as soon as possible. It is important to be aware that certain statutory deadlines that can affect your ability to bring a legal challenge against your employer. If your rights as an H-1B have been violated, Van Wormer Law, LLC can help you protect your employment and seek just compensation.

Speak with an Experienced Immigration Attorney

For a free H-1B consultation with Attorney Van Wormer, please contact our office at 703-244-6733 orcontact@vanwormerlaw.com.