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H-1B Workers

Temporary non-immigrants who enter the United States with an H-1B visa and work in specialty occupations or as fashion models have the following rights.

Wages/Benefits: You must be paid the actual wage, which is the same wage rate your employer pays other workers with similar experience and qualifications, or the local prevailing wage for the occupation in the area of intended employment, whichever is higher. You must be paid for non-productive time caused by the employer or by the lack of a license or permit; and you must be offered fringe benefits on the same basis as offered to U.S. employees.

Illegal Deductions: Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee; or to pay a financial penalty for leaving employment before a date set in the employment contract; or to pay employer business expenses (such as attorneys fees for preparation and filing of the H-1B Labor Condition Application).

Working Conditions:Your employer must provide you with working conditions on the same basis and criteria as provided to similarly employed U.S. workers (such as hours, shifts, vacations, and seniority-based benefits). NOTICE: Your employer must provide you with a copy of the Labor Condition Application.

Records: Your employer must keep records of the hours you work and the wages you are paid. You should keep a record of the hours worked and the employer’s name, address, and telephone number. You may examine the public disclosure documents that the employer is required to keep that provide information about the employer’s compliance with Labor Condition Application’s attestations.

Discrimination: Your H-1B employer may not intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing information that is reasonably believed to be violations of H-1B requirements or for cooperating in an investigation or other proceeding concerning the employee’s compliance.