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:
- Improper deductions of pay;
- Charging assessments and exorbitant fees for visa applications, recruitment, and other charges never disclosed or in breach of the employment agreement;
- Failure to provide overtime compensation, meal breaks, or rest breaks in accordance with state and federal law;
- Failure to pay the amount promised in employment contracts, or H1-B or L-1 visa applications;
- Failure to pay the amount listed in the H-1B or L-1 visa; and
- 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.