Rights of H-1B Visa Workers

Investigations into Companies Committing Visa Fraud

Lieff Cabraser is investigating claims that companies employing non-U.S. citizens in tech or information technology jobs in U.S. have committed visa fraud, breached employment agreements, and violated U.S. labor laws. The alleged violations of the law include:

1. Improper deductions of pay;
2. Charging assessments and exorbitant fees for visa applications, recruitment, and other charges never disclosed or in breach of the employment agreement;
3. Failure to provide overtime compensation, meal breaks, or rest breaks in accordance with state and federal law;
4. Failure to pay the amount promised in employment contracts, or H1-B or L-1 visa applications;
5. Failure to pay the amount listed in the H-1B or L-1 visa; and
6. Bringing workers to the U.S. on temporary 1B visas and failing to pay them salaries U.S. workers earn in the same positions.

What Is the Difference Between B-1 and H-1B Visas?

B-1 visas are short-term travel visas that allow business persons to travel to the U.S. for a short-term visit, such as to attend a conference, negotiate a contract, or participate in short-term training. B-1 visa holders may not perform skilled or unskilled labor while in the U.S.

H-1B visas are non-immigrant visas that allow employers to temporarily employ foreign nationals in positions that require specialized knowledge and high levels of education. The application process is highly regulated, and the number of H-1B visas granted is restricted to 65,000 visas annually. The employer must certify that the salary of the employee with the H-1B visa is within the prevailing salary for similarly qualified and educated employees working in the U.S.

Attorney Daniel Hutchinson summarizes violations of labor laws some tech companies employing H1-B and L-1 visa IT workers have committed

Contact Us

In addition to violating U.S. immigration laws, companies that have committed visa fraud often may also have violated the rights of the employees brought to the U.S. to work.

Lieff Cabraser represents non-U.S. citizens in class action lawsuits who have worked in the United States on business visas in information technology jobs.

If you have been subjected to any violations of labor laws or your employer has breached your employment contract, we invite you to use the form below to submit your complaint so that we can learn of your experiences. There is no charge or obligation for our review of your claim. All information will be kept strictly confidential as provided under the law.

Or you may call Lieff Cabraser and ask to speak to employee rights attorney Anne B. Shaver toll-free at 1 800 541-7358.